Stricken language would be deleted from and underlined language would be added to present law. Act 340 of the Regular Session *CRH173* 03-12-2025 14:09:05 CRH173 State of Arkansas As Engrossed: S3/6/25 S3/12/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 246 3 4 By: Senator J. Dismang 5 By: Representatives M. Shepherd, Evans, Beaty Jr., Brooks, Eubanks, Wardlaw, Barker, K. Brown, M. 6 Brown, John Carr, Cavenaugh, Crawford, Gramlich, Hawk, McAlindon, McClure, S. Meeks, Nazarenko, 7 Rose, Torres, Wing, Achor, Beck, Eaves, Unger, Andrews 8 9 For An Act To Be Entitled 10 AN ACT TO CREATE THE ARKANSAS ACCESS ACT; TO AMEND 11 VARIOUS PROVISIONS OF THE ARKANSAS CODE AS THEY 12 RELATE TO EDUCATION IN THE STATE OF ARKANSAS; AND FOR 13 OTHER PURPOSES. 14 15 16 Subtitle 17 TO CREATE THE ARKANSAS ACCESS ACT; AND 18 TO AMEND VARIOUS PROVISIONS OF THE 19 ARKANSAS CODE AS THEY RELATE TO 20 EDUCATION IN THE STATE OF ARKANSAS. 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. DO NOT CODIFY. Title. 25 This act shall be known and may be cited as the “Arkansas ACCESS Act”. 26 27 SECTION 2. Arkansas Code § 6 -1-404(a), concerning the membership of 28 the School Leadership Coordinating Council, is amended to read as follows: 29 (a) The School Leadership Coordinating Council consists of seventeen 30 (17) the following members as follows: 31 (1) The Chair of the Arkansas Association of Colleges for 32 Teacher Education Council of Deans; 33 (2) The Commissioner of Elementary and Secondary Education; 34 (3) The Director of the Arkansas Leadership Academy; 35 (4)(2) The Commissioner of the Division of Higher Education; 36 As Engrossed: S3/6/25 S3/12/25 SB246 2 03-12-2025 14:09:05 CRH173 (5)(3) The Director of the Division of Career and Technical 1 Education; 2 (6) The Executive Director of the Arkansas Association of 3 Educational Administrators; 4 (7) The Executive Director of the Arkansas Education 5 Association; 6 (8) The Executive Director of the Arkansas School Boards 7 Association; 8 (9) The Executive Director of the Arkansas Association for 9 Supervision and Curriculum Development; 10 (10) The Executive Director of the Arkansas Rural Ed 11 Association; 12 (11) A representative from the Arkansas Professors of 13 Educational Administration; 14 (12) A representative from the Arkansas Center for Executive 15 Leadership; 16 (13) A representative from an education service cooperative; 17 (14) A representative from the Arkansas Public School Resource 18 Center, Inc.; 19 (15) A representative from the Arkansas State Teachers 20 Association; 21 (16)(4) The Chair of the Senate Committee on Education or the 22 chair's designee; and 23 (17)(5) The Chair of the House Committee on Education or the 24 chair's designee; and 25 (6) Other stakeholders as deemed necessary by the members 26 designated under subdivisions (a)(1) -(5) of this section. 27 28 SECTION 3. Arkansas Code § 6 -1-404(d), concerning meetings of the 29 School Leadership Coordinating Council, is amended to read as follows: 30 (d)(1) The council shall meet at the times and places that the Chair 31 of the School Leadership Coordinating Council deems necessary but no less 32 than four (4) times per year. 33 (2) Seven (7) A majority of the members of the council shall 34 constitute a quorum for the purpose of transacting business. 35 (3) All actions of the council are by quorum. 36 As Engrossed: S3/6/25 S3/12/25 SB246 3 03-12-2025 14:09:05 CRH173 1 SECTION 4. Arkansas Code Title 6, Chapter 5, Subchapter 11 is 2 repealed. 3 Subchapter 11 — Council on Postsecondary Education and Career Readiness 4 6-5-1101. Legislative intent. 5 The General Assembly finds that: 6 (1) Public schools should help all students: 7 (A) Have the reading, writing, and mathematics skills 8 needed to succeed in all first-year coursework in associate and baccalaureate 9 degree programs in non -mathematics-based majors; and 10 (B) Be ready for as many career options as possible by 11 having a base level of employability; and 12 (2) The development of college and career readiness standards 13 should be undertaken as an integrative process among: 14 (A) The General Assembly; 15 (B) State agencies that regulate and support the public 16 educational systems of the state; 17 (C) Kindergarten, elementary, secondary, and postsecondary 18 educational institutions; and 19 (D) The public. 20 21 6-5-1102. Council on Postsecondary Education and Career Readiness 22 established — Membership — Meetings. 23 (a) This subchapter establishes the Council on Postsecondary Education 24 and Career Readiness to facilitate the collaboration of kindergarten, 25 elementary, secondary, and postsecondary educational institutions in Arkansas 26 in developing college and career readiness standards that align school 27 curriculum and graduation standards with postsecondary education requirements 28 and business community expectations for employability. 29 (b) The council shall consist of eleven (11) members as follows: 30 (1) The Commissioner of Elementary and Secondary Education or 31 his or her designee; 32 (2) The Commissioner of the Division of Higher Education or his 33 or her designee; 34 (3) The Director of the Division of Career and Technical 35 Education or his or her designee; 36 As Engrossed: S3/6/25 S3/12/25 SB246 4 03-12-2025 14:09:05 CRH173 (4) The Director of the Arkansas Economic Development Commission 1 or his or her designee; 2 (5) The Director of the Division of Workforce Services or his or 3 her designee; 4 (6) A president or chancellor of an Arkansas four -year 5 institution of higher education or his or her designee, appointed annually by 6 the Commissioner of the Division of Higher Education; 7 (7) The Executive Director of the Arkansas Association of 8 Educational Administrators or his or her designee; 9 (8) The Executive Director of Arkansas Community Colleges or his 10 or her designee; 11 (9) The Executive Director of the Arkansas Education Association 12 or his or her designee; 13 (10) The Executive Director of the Arkansas School Boards 14 Association or his or her designee; and 15 (11) The President of the Arkansas State Chamber of Commerce and 16 the Associated Industries of Arkansas or his or her designee. 17 (c)(1) The Commissioner of Elementary and Secondary Education or his 18 or her designee shall call the first meeting of the council and serve as 19 chair for the first meeting. 20 (2) The first meeting shall occur within thirty (30) days of the 21 effective date of this subchapter. 22 (d) At the first meeting of the council and annually thereafter, the 23 voting members of the council shall elect one (1) member to serve as chair 24 for one (1) year. 25 (e)(1) All members are voting members except the chair, who may vote 26 only to break a tie vote. 27 (2) A majority of the members shall constitute a quorum for the 28 transaction of business. 29 (f) The council shall meet at least three (3) times in a calendar 30 year. 31 (g) The Department of Education shall provide meeting space and staff 32 for the council. 33 (h) Council members shall serve without pay and shall not receive 34 expense reimbursement except from the agency or institution employing the 35 member. 36 As Engrossed: S3/6/25 S3/12/25 SB246 5 03-12-2025 14:09:05 CRH173 1 6-5-1103. Powers and duties. 2 (a) The Council on Postsecondary Education and Career Readiness shall: 3 (1) Develop a unified strategy to: 4 (A) Reduce remediation rates among high school graduates 5 entering postsecondary education by at least fifty percent (50%) by the year 6 2020; and 7 (B) Increase postsecondary graduation and completion 8 rates; 9 (2)(A) Support college and career readiness standards that: 10 (i) Require higher performance levels than those 11 currently required for high school graduation; and 12 (ii) Promote accelerated learning opportunities, 13 including without limitation Advanced Placement courses, concurrent credit 14 opportunities, and other accelerated opportunities with college or 15 vocational-technical school assistance to ensure that all students have the 16 skills to be successful in either employment or postsecondary education. 17 (B) College and career readiness standards shall be 18 implemented with the understanding that until July 1, 2022, interim high 19 school graduation standards may be used until the high school graduation 20 standards adopted by the State Board of Education are equal to the college 21 and career readiness standards; 22 (3) Develop a successful transition -to-work matrix that schools 23 and students may use to help students develop employment skills; 24 (4) Develop guidelines for secondary school intervention 25 programs and transitional courses; 26 (5) Develop guidelines for professional development for teachers 27 of transitional courses and opportunities for collaboration among high 28 school, vocational-technical school, and college faculty to ensure that 29 transitional courses target gaps in students' college and career readiness 30 skills; and 31 (6) Provide the reports required under this subchapter. 32 (b)(1) The council shall establish working groups of its members, or 33 staff of the agencies or institutions employing the members, to direct the 34 planning process and strategic implementation of its plans. 35 (2) The working groups shall: 36 As Engrossed: S3/6/25 S3/12/25 SB246 6 03-12-2025 14:09:05 CRH173 (A) Develop goals and action plans; 1 (B) Identify resources; and 2 (C) Determine expected outcomes to measure for each 3 strategy promoting college and career readiness and postsecondary completion. 4 5 6-5-1104. Reporting requirements. 6 (a) By June 30, 2014, the Council on Postsecondary Education and 7 Career Readiness shall: 8 (1) Develop a written plan to reduce remediation rates and 9 increase postsecondary graduation rates, including without limitation: 10 (A) Annual goals; 11 (B) Action strategies; 12 (C) Assigned responsibilities for implementing strategies; 13 (D) Timelines; and 14 (E) Reporting mechanisms; 15 (2) Provide the written plan to: 16 (A) The House Committee on Education and the Senate 17 Committee on Education; 18 (B) The board of directors of each school district and 19 open-enrollment charter school in this state; and 20 (C) The governing board of each state -supported 21 institution of higher education in this state; and 22 (3) Encourage each school district board of directors and the 23 governing board of each state -supported institution of higher education in 24 the state to participate in the council's plan and to work collaboratively to 25 reduce the remediation rates and further postsecondary graduation and 26 completion rates. 27 (b) By June 30, 2015, and annually thereafter, the council shall 28 report to the House Committee on Education and the Senate Committee on 29 Education: 30 (1) The progress of the council's work for the year; and 31 (2) Its recommendations, which may include without limitation 32 proposals for legislative action. 33 34 SECTION 5. Arkansas Code Title 6, Chapter 5, Subchapter 12 is amended 35 to read as follows: 36 As Engrossed: S3/6/25 S3/12/25 SB246 7 03-12-2025 14:09:05 CRH173 Subchapter 12 — Advanced Placement Training and Incentive Program Accelerated 1 Learning 2 3 6-5-1201. Established Definition. 4 There is established the Advanced Placement Training and Incentive 5 Program. 6 As used in this subchapter, “accelerated learning” means an organized 7 method of learning that enables a student to meet individual academic goals 8 and graduation requirements while pursuing higher levels of skill 9 development, including without limitation the following coursework: 10 (1) A College Board pre -Advanced Placement and Advanced 11 Placement course; 12 (2) An International Baccalaureate Diploma Programme course; 13 (3) A Cambridge Advanced International Certificate of Education 14 course; 15 (4) A concurrent credit course; and 16 (5) A substantively similar course or program approved by the 17 Division of Elementary and Secondary Education. 18 19 6-5-1202. Purpose of Advanced Placement Training and Incentive Program 20 accelerated learning — Grant funding. 21 (a) The purpose of the Advanced Placement Training and Incentive 22 Program accelerated learning is to: 23 (1) Prepare more students for: 24 (A) Success in higher education; 25 (B) Postsecondary training; and 26 (C) Careers in science, technology, engineering, and 27 mathematics High-wage, high-demand careers; 28 (2) Increase the number of students who graduate from 29 institutions of higher education; and 30 (3) Support and enhance Advanced Placement accelerated learning 31 initiatives already operating in the state. 32 (b)(1) The Division of Elementary and Secondary Education shall 33 provide grant funding to organizations that implement measures to achieve the 34 goals of the Advanced Placement Training and Incentive Program accelerated 35 learning as determined by the division . 36 As Engrossed: S3/6/25 S3/12/25 SB246 8 03-12-2025 14:09:05 CRH173 (2) An organization that receives grant funding to implement the 1 Advanced Placement Training and Incentive Program under this subchapter 2 shall: 3 (A) Be affiliated with the National Math and Science 4 Initiative; and 5 (B) Have demonstrated success with an Advanced Placement 6 Training and Incentive Program. 7 (3) An organization that receives grant funding to provide the 8 Advanced Placement Training and Incentive Program accelerated learning may 9 without limitation: 10 (A) Develop public-private partnerships to advance math 11 and science learning opportunities; 12 (B) Generate revenue from public or private sector 13 entities to support other opportunities; or and 14 (C) Accept grants, donations, gifts, or bequests. 15 (c) Grant funding provided by the division to an organization under 16 this subchapter shall be used to: 17 (1) Support and enhance the Advanced Placement Training and 18 Incentive Program accelerated learning ; 19 (2) Pay for personal services and operating expenses required to 20 carry out the Advanced Placement Training and Incentive Program accelerated 21 learning; and 22 (3) Pay for technology, materials, assessments, and other 23 resources used in the Advanced Placement Training and Incentive Program 24 accelerated learning . 25 26 6-5-1203. Components and goals of Advanced Placement Training and 27 Incentive Program accelerated learning . 28 (a) The Advanced Placement Training and Incentive Program Accelerated 29 learning shall: 30 (1) Provide advanced placement accelerated learning content 31 directors to work, mentor, and provide resources to advanced placement and 32 pre-advanced placement accelerated learning teachers in the areas of: 33 (A) Mathematics; 34 (B) Science; and 35 (C) English; 36 As Engrossed: S3/6/25 S3/12/25 SB246 9 03-12-2025 14:09:05 CRH173 (2) Provide nationally recognized professional development for 1 advanced placement and pre -advanced placement accelerated learning teachers 2 that will enhance the knowledge and pedagogical skills of the teachers; and 3 (3) Develop and provide materials and resources for advanced 4 placement and pre-advanced placement accelerated learning teachers. 5 (b) The overall goal of the Advanced Placement Training and Incentive 6 Program accelerated learning is to: 7 (1) Increase the number of students enrolled in Advanced 8 Placement accelerated learning mathematics, science, and English; 9 (2) Increase the number of students who score three (3) or more 10 on Advanced Placement exams; 11 (3) Reduce the participation gaps and performance gaps in 12 Advanced Placement classes between African -American, Hispanic, and Caucasian 13 students; 14 (4) Help public high schools Ensure school districts develop 15 strong and successful Advanced Placement programs accelerated learning for 16 public high schools; 17 (5)(3) Enhance and augment Advanced Placement accelerated 18 learning policies and initiatives in Arkansas; 19 (6)(4) Provide the Advanced Placement Training and Incentive 20 Program accelerated learning in every public high school that elects to 21 participate and strengthen its Advanced Placement program accelerated 22 learning; and 23 (7) (5) Increase the number of students prepared to enter 24 science, technology, engineering, and mathematics fields in higher education 25 or related training and occupations. 26 27 6-5-1204. Participation in Advanced Placement Training and Incentive 28 Program accelerated learning . 29 (a) An organization that receives grant funding to provide the 30 Advanced Placement Training and Incentive Program accelerated learning shall 31 publish a list of program fees on or before June 1 each year. 32 (b) A public high school is eligible to participate in the Advanced 33 Placement Training and Incentive Program accelerated learning . 34 (c)(1) A public high school that chooses to participate in the 35 Advanced Placement Training and Incentive Program school's accelerated 36 As Engrossed: S3/6/25 S3/12/25 SB246 10 03-12-2025 14:09:05 CRH173 learning shall pay a participation and the required service fee determined by 1 the organization. 2 (2) A public high school may choose either to participate fully 3 in the Advanced Placement Training and Incentive Program or to participate on 4 a limited basis, in which case the public high school shall pay a fee for 5 each service the public high school elects to use. 6 7 6-5-1205. Funding for accelerated learning. 8 (a) Contingent upon legislative appropriations and based on criteria 9 established by the Division of Elementary and Secondary Education, a school 10 that is offering accelerated learning may be awarded a one -time equipment and 11 instructional materials grant for providing an accelerated learning course. 12 (b) Contingent upon legislative appropriation and the availability of 13 funding, the state may pay in full or on a pro rata basis the cost of the 14 accelerated learning test fees. 15 (c) The State Board of Education may promulgate rules to implement 16 this subchapter. 17 18 SECTION 6. Arkansas Code § 6 -13-629(a)(3)-(5), concerning the training 19 and instruction regarding interpretation of audit reports that school board 20 of directors members must receive, is amended to read as follows: 21 (3)(A) The training and instruction required under this section 22 shall include: 23 (i) Topics relevant to school laws and school 24 operations; 25 (ii) The powers, duties, and responsibilities of the 26 members of the a board of directors, including without limitation: 27 (a) Legal requirements, including without 28 limitation: 29 (1) The items listed or required by the 30 Legislative Joint Auditing Committee under § 6 -1-101; and 31 (2) Other financial laws, rules, or 32 federal regulations designated by the Division of Elementary and Secondary 33 Education; 34 (b) Role differentiation; 35 (c) Financial management, including without 36 As Engrossed: S3/6/25 S3/12/25 SB246 11 03-12-2025 14:09:05 CRH173 limitation how to read and interpret an audit report; and 1 (d) Improving student achievement; and 2 (iii) Information regarding school safety and 3 student discipline. 4 (B) The training or instruction on how to read and 5 interpret an audit report required under subdivision (a)(3)(A)(ii)(c) of this 6 section shall be conducted: 7 (i) By a person who: 8 (a) Is licensed to practice accounting by the 9 Arkansas State Board of Public Accountancy; 10 (b) Has prior experience in conducting a 11 school district financial audit; 12 (c) Is not an employee of Arkansas Legislative 13 Audit unless the training or instruction is conducted for the boards of 14 directors of multiple school districts; and 15 (d) Is not the person conducting the annual 16 audit or other financial audit of the school district unless the training or 17 instruction is presented in a large group setting sponsored by a statewide or 18 regional organization that is attended by multiple school districts; 19 (ii) Under the consultation or supervision of an 20 individual who qualifies under subdivision (a)(3)(B)(i) of this section as 21 part of a program that is provided: 22 (a) By an institution of higher education 23 located in Arkansas; or 24 (b) From instruction sponsored or approved by 25 the Department of Education; or 26 (c) By an in-service training conducted by or 27 through the Arkansas School Boards Association; and 28 (iii) By electronic means or in person, or both. 29 (4) Hours of training and instruction obtained in excess of the 30 minimum requirements each year may accumulate and be carried forward from 31 year to year. 32 (5) This instruction may be received from an institution of 33 higher education in this state , or from instruction sponsored or approved by 34 the Department of Education, or by an in -service training program conducted 35 by or through the Arkansas School Boards Association department. 36 As Engrossed: S3/6/25 S3/12/25 SB246 12 03-12-2025 14:09:05 CRH173 1 SECTION 7. Arkansas Code § 6 -13-808 is repealed. 2 6-13-808. The Arkansas Traveling Teacher Program. 3 (a) The Arkansas Traveling Teacher Program is hereby established and 4 shall be administered by the Division of Elementary and Secondary Education 5 with the assistance of public school districts and education service 6 cooperatives. 7 (b)(1) Pursuant to the provisions of this section, and to the extent 8 sufficient funding is available, the following persons and public school 9 districts may enter into an agreement to provide traveling teacher services 10 for one (1) or more receiving school districts for one (1) or more courses 11 required by the Standards for Accreditation of Arkansas Public Schools and 12 School Districts and any Advanced Placement courses required by § 6 -16-1204: 13 (A) A traveling teacher who is appropriately licensed in 14 Arkansas as a teacher and employed on a full -time equivalent basis by a host 15 school district; 16 (B) A host school district that is an Arkansas public 17 school district with a student population of eight thousand (8,000) students 18 or fewer and that desires to provide traveling teacher services to a 19 receiving school district; and 20 (C) A receiving school district that is a public school 21 district other than the host school district and that desires to receive 22 traveling teacher services. 23 (2) The parties shall enter into a written agreement, in the 24 form established by the division, that shall include without limitation the 25 following: 26 (A) That the traveling teacher is to provide professional 27 teaching services to the receiving school district for one (1) or more 28 required courses; 29 (B) The amount of the bonus to be provided to the 30 traveling teacher under subdivision (c)(1)(A) of this section; 31 (C) For each course to be taught under the agreement: 32 (i) A description of the course; 33 (ii) The time and day for teaching each course; and 34 (iii) The exact location where the course will be 35 taught; 36 As Engrossed: S3/6/25 S3/12/25 SB246 13 03-12-2025 14:09:05 CRH173 (D)(i) Whether the agreement is for a school semester or a 1 school year. 2 (ii) No agreement shall be for a time period longer 3 than a school year or shorter than a school semester; 4 (E)(i) That the receiving school district will reimburse 5 the host school district for the time the traveling teacher is not working in 6 the host school district. 7 (ii) The reimbursement shall be the receiving school 8 district's pro rata share of the traveling teacher's time based on the hourly 9 rate of the traveling teacher's contract with the host school district; 10 (F) That at all times during the period of the agreement, 11 the traveling teacher is an employee of the host school district and is 12 subject to the personnel policies and contractual obligations of the host 13 school district; and 14 (G)(i) That sufficient time will be allowed for the 15 traveling teacher to travel to and from the host school district and the 16 receiving school district. 17 (ii) The division shall not approve an agreement 18 under this section unless the agreement requires the traveling teacher to be 19 physically present in the receiving school district while the traveling 20 teacher is teaching any course specified in the agreement. 21 (3) The agreement shall be reviewed and approved by the division 22 under subsection (f) of this section. 23 (c) To the extent the agreement is approved by the division: 24 (1)(A) Upon completion of the traveling teacher's services 25 provided under the agreement and under the terms of the agreement, the host 26 school district shall pay the traveling teacher, in addition to the amount 27 required by the teacher's annual teacher's contract with the host school 28 district a bonus of either: 29 (i) Two thousand dollars ($2,000) for a semester 30 agreement; or 31 (ii) Four thousand dollars ($4,000) for a full school 32 year agreement. 33 (B) The division shall reimburse the host school district 34 for the amount of bonus paid to the traveling teacher; and 35 (2)(A) The host school district shall reimburse the traveling 36 As Engrossed: S3/6/25 S3/12/25 SB246 14 03-12-2025 14:09:05 CRH173 teacher for expenses related to travel to and from a receiving school 1 district at the appropriate state rate of reimbursement in existence and 2 approved by the Department of Finance and Administration for the school year 3 in which the traveling teacher's services are provided. 4 (B) The division shall reimburse the host school district 5 for the amount of travel reimbursement paid by the host school district to 6 the traveling teacher. 7 (d) Neither the division nor the State of Arkansas shall be obligated 8 or liable to reimburse any bonus or travel expenses incurred under an 9 agreement for traveling teacher services under this section if the division 10 has not reviewed and approved the entire agreement. 11 (e) The division may, if feasible and if funding is available, 12 establish an online registry of public school teachers willing to enter into 13 an agreement for traveling teacher services under this section with 14 information concerning the teacher's employing school district and any course 15 the teacher is qualified to teach. 16 (f)(1) All proposed agreements among a host school district, a 17 receiving school district, and a traveling teacher shall be submitted to the 18 division by a date certain for review and approval by the division. 19 (2) The division shall review each agreement with all requisite 20 authority to approve or deny the agreement based on the provisions of law, 21 rule, availability of funding, and discretionary determination as to the best 22 use of state resources and funding. 23 (3) The division shall endeavor to consider approval of an 24 agreement to: 25 (A) Place a traveling teacher with a receiving school 26 district to maximize the efficiency of the traveling teacher's service to 27 both the host and receiving school districts; and 28 (B) Minimize the extent and duration of any travel 29 required. 30 (g)(1) The division shall establish any rules and agreement forms 31 necessary for the administration of the Arkansas Traveling Teacher Program. 32 (2) In establishing the rules, the division shall: 33 (A) Prioritize the approval of agreements for traveling 34 teacher services based on subject -area course needs; 35 (B) Establish appropriate travel limitations; 36 As Engrossed: S3/6/25 S3/12/25 SB246 15 03-12-2025 14:09:05 CRH173 (C) Develop a method of equitable distribution of 1 traveling teachers among the area's education service cooperatives; and 2 (D) Provide a means by which education service 3 cooperatives may assist in facilitating traveling teachers. 4 (h) No provision of this section is intended or should be interpreted 5 to waive any immunity or defense of the State of Arkansas or its various 6 agencies, boards, or commissions and no person shall be deemed to have any 7 legal entitlement, recourse, or cause of action against the State of Arkansas 8 or its various agencies, boards, or commissions based on the terms, 9 conditions, or provisions of this section. 10 (i) [Repealed.] 11 12 SECTION 8. Arkansas Code § 6-15-202(f)(21), concerning reporting of 13 statutory requirements of accelerated learning by a superintendent, is 14 amended to read as follows: 15 16 (21) Section 6-16-1201 et seq. and § 6-5-1201 et seq. concerning 17 advanced placement and concurrent enrollment accelerated learning ; 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 As Engrossed: S3/6/25 S3/12/25 SB246 16 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 17 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 18 03-12-2025 14:09:05 CRH173 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 As Engrossed: S3/6/25 S3/12/25 SB246 19 03-12-2025 14:09:05 CRH173 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 As Engrossed: S3/6/25 S3/12/25 SB246 20 03-12-2025 14:09:05 CRH173 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 As Engrossed: S3/6/25 S3/12/25 SB246 21 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 22 03-12-2025 14:09:05 CRH173 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 As Engrossed: S3/6/25 S3/12/25 SB246 23 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 24 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 25 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 26 03-12-2025 14:09:05 CRH173 (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 As Engrossed: S3/6/25 S3/12/25 SB246 27 03-12-2025 14:09:05 CRH173 except for advanced placement courses 1 2 SECTION 19. Arkansas Code Title 6, Chapter 16, Subchapter 8, is 3 repealed. 4 Subchapter 8 — Arkansas Advanced Placement and International Baccalaureate 5 Diploma Incentive Program Act of 1995 6 6-16-801. Title. 7 This subchapter shall be known as and may be cited as the “Arkansas 8 Advanced Placement and International Baccalaureate Diploma Incentive Program 9 Act of 1995”. 10 11 6-16-802. Purpose. 12 (a) The purpose of this subchapter is to serve as a legislative 13 charter for the establishment, organization, and administration of a program 14 designed to improve the course offerings available to middle school, junior 15 high school, and high school students throughout the state. 16 (b) The program established under this subchapter will provide 17 advanced educational courses that are easily accessible and that will prepare 18 students for admission to and success in a postsecondary educational 19 environment. 20 (c) A key component in the program is adequately preparing teachers 21 and schools in providing advanced placement courses or courses offered under 22 the International Baccalaureate Diploma Programme to their students. 23 24 6-16-803. Definitions. 25 As used in this subchapter: 26 (1) “Advanced placement course” means a high school level 27 preparatory course for a college advanced placement test that incorporates 28 all topics specified by the College Board and Educational Testing Service on 29 its standard syllabus for a given subject area and is approved by the College 30 Board and Educational Testing Service; 31 (2) “College advanced placement test” means the advanced 32 placement test administered by the College Board and Educational Testing 33 Service; 34 (3) “College Board” means the College Board and Educational 35 Testing Service; 36 As Engrossed: S3/6/25 S3/12/25 SB246 28 03-12-2025 14:09:05 CRH173 (4) “International Baccalaureate Diploma Programme” means an 1 international education program offered by the International Baccalaureate; 2 (5) “Preadvanced placement course” means a middle school, junior 3 high school, or high school level course that specifically prepares students 4 to enroll and participate in an advanced placement course; 5 (6) “Program” means the Arkansas Advanced Placement and 6 International Baccalaureate Diploma Incentive Program; and 7 (7) “State board” means the State Board of Education. 8 9 6-16-804. Established — Subsidies — Rules. 10 (a) The Arkansas Advanced Placement and International Baccalaureate 11 Diploma Incentive Program is hereby established, to be administered by the 12 Commissioner of Elementary and Secondary Education. 13 (b) Contingent upon legislative appropriations and based on criteria 14 established by the Division of Elementary and Secondary Education, schools 15 participating in the program may be awarded a one -time equipment and 16 instructional materials grant for providing an advanced placement course or a 17 course offered under the International Baccalaureate Diploma Programme. 18 (c) Subject to legislative appropriations, a teacher participating in 19 the advanced placement program, in the International Baccalaureate Diploma 20 Programme, or in the preadvanced placement program may be awarded subsidized 21 teacher training for advanced placement courses at a cost not to exceed six 22 hundred fifty dollars ($650) per teacher. 23 (d)(1) Contingent upon legislative appropriation and the availability 24 of funding, the state may pay in full, or on a pro rata basis as determined 25 under subdivision (d)(2) of this section, the cost of the advanced placement 26 test fee or the equivalent test fee under the International Baccalaureate 27 Diploma Programme, or both. 28 (2) The State Board of Education may create a sliding scale 29 based on family income. 30 (e) The state board is authorized to promulgate rules necessary to 31 implement this subchapter. 32 33 6-16-805. Funding. 34 (a) The awards granted under the provisions of this subchapter for 35 both advanced placement and the International Baccalaureate Diploma Programme 36 As Engrossed: S3/6/25 S3/12/25 SB246 29 03-12-2025 14:09:05 CRH173 may be funded by donations, grants, or legislative appropriation. 1 (b) All donations, grants, and appropriations received shall be 2 accounted for by the Division of Elementary and Secondary Education. 3 (c) The Commissioner of Elementary and Secondary Education may solicit 4 and receive donations and grants for the purpose of making awards. 5 6 6-16-806. Treatment as advanced placement course. 7 Any high school course offered under the International Baccalaureate 8 Diploma Programme shall be treated the same as an advanced placement course, 9 including for the following purposes: 10 (1) Weighted credit; 11 (2) The Arkansas Advanced Placement and International 12 Baccalaureate Diploma Incentive Program Act of 1995, § 6 -16-801 et seq.; and 13 (3) Reporting requirements. 14 15 SECTION 20. Arkansas Code §§ 6 -16-1202 through 6-16-1204 are amended 16 to read as follows: 17 6-16-1202. Definitions. 18 As used in this subchapter: 19 (1) “Advanced Placement course” means a high school level 20 preparatory course for a college Advanced Placement test that: 21 (A) Incorporates all topics specified by the College Board 22 and Educational Testing Service on its standards syllabus for a given subject 23 area; and 24 (B) Is approved by the College Board and Educational 25 Testing Service; 26 (2) “Endorsed concurrent enrollment course” means a college -27 level course offered by an institution of higher education in this state that 28 upon completion would qualify for academic credit in both the institution of 29 higher education and a public high school that: 30 (A) Is in one (1) of the four (4) core areas of math, 31 English, science, and social studies; 32 (B) Meets the requirements of § 6 -16-1204(b); and 33 (C) Is listed in the Arkansas Course Transfer System of 34 the Division of Higher Education; 35 (3) “Pre-Advanced Placement course” means a middle school, 36 As Engrossed: S3/6/25 S3/12/25 SB246 30 03-12-2025 14:09:05 CRH173 junior high school, or high school level course that specifically prepares 1 students to enroll and to participate in an advanced placement course; and 2 (4) “Vertical team” means a group of educators from different 3 grade levels in a given discipline who work cooperatively to develop and 4 implement a vertically aligned program aimed at helping students from diverse 5 backgrounds acquire the academic skills necessary for success in the Advanced 6 Placement program and other challenging coursework "Accelerated learning" 7 means an organized method of learning that enables students to meet 8 individual academic goals and graduation requirements while pursuing higher 9 levels of skill development, including without limitation the following 10 coursework: 11 (A) A College Board pre -Advanced Placement and Advanced 12 Placement course; 13 (B) An International Baccalaureate Diploma Programme 14 course; 15 (C) A Cambridge Advanced International Certificate of 16 Education course; 17 (D) A concurrent credit course; and 18 (E) A substantively similar course or program approved by 19 the Division of Elementary and Secondary Education; and 20 (2) "Concurrent credit course" means a college -level course offered by 21 an institution of higher education in this state that upon completion would 22 qualify for academic credit in both the institution of higher education and a 23 public high school. 24 25 6-16-1203. Teacher skills and training. 26 (a)(1) A teacher of an Advanced Placement course must obtain 27 appropriate training. 28 (2) The State Board of Education shall establish clear, 29 specific, and challenging training guidelines that require teachers of 30 College Board advanced placement courses and teachers of pre -Advanced 31 Placement courses to obtain College Board sponsored or endorsed training. 32 (3) The training may include vertical team training. 33 (b)(a) An instructor of an endorsed concurrent enrollment an 34 accelerated learning or concurrent credit course shall have meet the 35 requirements of the: 36 As Engrossed: S3/6/25 S3/12/25 SB246 31 03-12-2025 14:09:05 CRH173 (1) Institution of higher education that is offering the course; 1 or 2 (2) Accrediting organization authorized under § 6 -16-1202: 3 (1)(A) No less than a master's degree that includes at least 4 eighteen (18) hours of completed course work in the subject area of the 5 endorsed concurrent enrollment course . 6 (B)(b)(1) The An instructor's credentials shall be 7 approved by the academic unit or chief academic officer of the institution of 8 higher education offering the endorsed concurrent credit enrollment course; 9 and. 10 (2) The relevant credentials and experience necessary to teach 11 from the syllabus approved by the institution of higher education granting 12 the course credit. 13 14 6-16-1204. Implementation. 15 (a)(1) In order to prepare students for the rigor inherent in Advanced 16 Placement courses, school districts shall offer pre -Advanced Placement 17 courses to prepare students for the demands of Advanced Placement coursework. 18 (2) The Division of Elementary and Secondary Education shall 19 approve all classes designated as pre -Advanced Placement courses. 20 (b) An endorsed A concurrent credit enrollment course must meet the 21 following requirements: 22 (1) The course must be a course offered by an institution of 23 higher education in this state that is: 24 (A) Approved through the institution of higher education's 25 normal process; and 26 (B) Listed in the institution of higher education's 27 catalog; 28 (2) The course content and instruction must meet the same 29 standards and adopt the same learning outcomes as those developed for a 30 course taught on the campus of the institution of higher education, including 31 without limitation: 32 (A) The administration of any departmental exams 33 applicable to the course; and 34 (B) The use of substantially the same book and syllabus as 35 is used at the college level; 36 As Engrossed: S3/6/25 S3/12/25 SB246 32 03-12-2025 14:09:05 CRH173 (3) The course must be taught by an instructor with the 1 qualifications required under § 6-16-1203(b) § 6-16-1203; 2 (4) The institution of higher education offering the course 3 must: 4 (A) Provide to the course instructor staff development, 5 supervision, and evaluation; and 6 (B)(i) Provide the students enrolled in the course with: 7 (a) Academic guidance counseling; and 8 (b) The opportunity to utilize the on -campus 9 library or other academic resources of the institution of higher education. 10 (ii) Nothing in this This subdivision (b)(4) (a)(4) 11 shall not preclude institutions of higher education from collaborating to 12 meet the requirements of this subdivision (b)(4)(a)(4); 13 (5) To be eligible to enroll in an endorsed a concurrent 14 enrollment credit course, the student must: 15 (A) Be admitted by the institution of higher education as 16 a nondegree or noncertificate -seeking student; and 17 (B) Meet all of the prerequisites for the course in which 18 he or she is enrolled; and 19 (6)(A) Credit for the endorsed concurrent enrollment credit 20 course may only be awarded by the institution of higher education offering 21 the course. 22 (B) Nothing in this This subdivision (b)(6) (a)(6) shall 23 not preclude institutions of higher education from collaborating to provide 24 the course and award course credit. 25 (c)(b) Beginning with the 2008-2009 2025-2026 school year, all public 26 school districts and open-enrollment public charter schools shall offer one 27 (1) College Board Advanced Placement course in each of the four (4) core 28 areas of math, English, science, and social studies for a total of four (4) 29 courses at least four (4) accelerated learning courses that cover the 30 following subject areas: 31 (1) Math; 32 (2) English; 33 (3) Science; and 34 (4) Social studies. 35 (d)(1) The requirement under subsection (c) of this section shall be 36 As Engrossed: S3/6/25 S3/12/25 SB246 33 03-12-2025 14:09:05 CRH173 phased in over a period of four (4) years beginning with the 2005 -2006 school 1 year. 2 (2) Beginning with the 2008 -2009 school year, all high schools 3 in Arkansas shall offer a minimum of four (4) Advanced Placement courses by 4 adding at least one (1) core course each year to the list of courses 5 available to high school students. 6 (e)(1)(A) A state-supported two-year or four-year institution of 7 higher education may offer a reduced tuition rate for endorsed concurrent 8 enrollment courses offered by the institution of higher education to high 9 school students under this subchapter. 10 (B) The reduction in tuition under subdivision (e)(1)(A) 11 of this section or any tuition paid by the institution of higher education 12 under subdivision (e)(3)(B) of this section shall not be considered an 13 institutional scholarship. 14 (2) The number of students enrolled and the semester credit 15 hours for endorsed concurrent enrollment courses shall be included in the 16 calculation of full-time-equivalent enrollment for the institution of higher 17 education. 18 (3)(A) A national school lunch student, as defined in § 6 -20-19 2303, shall not be required to pay any of the costs up to a maximum of six 20 (6) credit hours of endorsed concurrent enrollment courses that are taught: 21 (i) On the grounds of the public school district in 22 which the student is enrolled; and 23 (ii) By a teacher employed by the public school 24 district in which the student is enrolled. 25 (B) The costs for endorsed concurrent enrollment courses 26 under subdivision (e)(3)(A) of this section shall be paid: 27 (i) By the public school district in which the 28 student is enrolled; 29 (ii) By the institution of higher education offering 30 the course; or 31 (iii) Through a cost-sharing agreement between the 32 public school district and the institution of higher education. 33 (c)(1) Beginning with the 2025 -2026 school year and each year 34 thereafter, the tuition rate for a concurrent credit course offered by a 35 public school district or open -enrollment public charter school in 36 As Engrossed: S3/6/25 S3/12/25 SB246 34 03-12-2025 14:09:05 CRH173 partnership with an institution of higher education shall: 1 (A) For every one (1) academic credit hour provided by an 2 institution of higher education, be an agreed amount that is not: 3 (i) More than two and one-half percent (2.5%) of the 4 per-pupil amount established under § 6 -20-2305 that is allotted per student 5 each year; and 6 (ii) Less than one-half percent (0.5%) of the per -7 pupil amount established under § 6 -20-2305 that is allotted per student each 8 year; and 9 (B) Not exceed the standard tuition rate and fee structure 10 of the institution of higher education providing the concurrent credit 11 course. 12 (2)(A) The amount established under subdivision (c)(1)(A) of 13 this section may be satisfied through the following sources: 14 (i) ACCESS to Acceleration Scholarship Program 15 funds; 16 (ii) Funding from the school district where a 17 student is enrolled; 18 (iii) Other consideration agreed to by the public 19 school district or open -enrollment public charter school and institution of 20 higher education; and 21 (iv) Any other available sources as determined by 22 the Division of Higher Education. 23 (B) An institution of higher education shall not receive 24 funding for concurrent credit courses for tuition at secondary vocational 25 centers under § 6-51-301 et seq. if the institution of higher education is 26 already receiving funding designated for vocational center aid. 27 (3) A student or a student’s parent or guardian shall not be 28 responsible for tuition, fees, or materials for participation in a concurrent 29 credit course. 30 31 SECTION 21. Arkansas Code § 6 -17-309 is amended to read as follows: 32 6-17-309. Licensure — Waiver. 33 (a)(1) A class of students shall not be under the instruction of a 34 teacher who is not licensed to teach the grade level or subject matter of the 35 class for more than sixty (60) consecutive school days in the same class 36 As Engrossed: S3/6/25 S3/12/25 SB246 35 03-12-2025 14:09:05 CRH173 during a school year. 1 (2)(b) This subsection Subsection (a) of this section shall not 2 apply to: 3 (A)(1) Nondegreed vocational -technical teachers; 4 (B)(2) Individuals approved by the Division of Elementary 5 and Secondary Education to teach the grade level or subject matter of the 6 class in the Division of Elementary and Secondary Education's distance 7 learning program; 8 (C)(3) Individuals teaching concurrent credit courses or 9 advanced placement accelerated learning courses who: 10 (i)(A) Are employed by a postsecondary institution; 11 (ii)(B) Meet the qualification requirements of a 12 postsecondary institution or the Division of Career and Technical Education; 13 and 14 (iii)(C) Are teaching in a course in which credit is 15 offered by an institution of higher education or a technical institute; 16 (D)(4) Licensed teachers teaching in one (1) of the 17 following settings: 18 (i)(A) An alternative learning environment; 19 (ii)(B) A juvenile detention facility; 20 (iii)(C) A residential and day alcohol, drug, and 21 psychiatric facility program; 22 (iv)(D) An emergency youth shelter; 23 (v)(E) A facility of the Division of Youth Services; 24 or 25 (vi)(F) A facility of the Division of Developmental 26 Disabilities Services; 27 (E)(5) Licensed special education teachers who are 28 teaching two (2) or more core academic subjects exclusively to children with 29 disabilities; or 30 (F)(6) Teachers who are working under an Aspiring Teacher 31 permit for a period of time not to exceed one (1) academic year or two (2) 32 consecutive semesters. 33 (b)(1) If this requirement imposes an undue hardship on a school 34 district, the school district may apply to the State Board of Education for a 35 waiver. 36 As Engrossed: S3/6/25 S3/12/25 SB246 36 03-12-2025 14:09:05 CRH173 (2) The state board shall develop rules for granting a waiver. 1 (3) Any school district that obtains a waiver shall send written 2 notice of the assignment to the parent or guardian of each student in the 3 classroom no later than the sixtieth school day after the date of the 4 assignment. 5 (4) [Repealed.] 6 7 SECTION 22. Arkansas Code § 6 -17-709(d), concerning the professional 8 development schedule for licensed educators, is amended to read as follows: 9 (d) The Division of Elementary and Secondary Education shall establish 10 the curriculum under this section in collaboration with educational agencies 11 and associations, including without limitation the: relevant stakeholders. 12 (1) Division of Higher Education; 13 (2) Arkansas Association of Educational Administrators; 14 (3) Arkansas Education Association; 15 (4) Arkansas School Boards Association; 16 (5) Arkansas Association for Supervision and Curriculum 17 Development; 18 (6) Arkansas State Teachers Association; and 19 (7) Arkansas Rural Ed Association. 20 21 SECTION 23. Arkansas Code Title 6, Chapter 18, Subchapter 2, is 22 amended to add an additional section to read as follows: 23 6-18-237. Absences for certain purposes unexcused. 24 (a) A public school district or an open -enrollment public charter 25 school shall not grant excused absences for purposes of political protest. 26 (b) A public school district or an open -enrollment public charter 27 school may grant an excused absence for the following purposes with written 28 consent of a parent, legal guardian, or person standing in loco parentis to 29 the student: 30 (1) Social or public policy advocacy; or 31 (2) Attempts to influence legislation or other governmental 32 policy-making at the local, state, or federal level. 33 (c) This section does not prohibit students from attending curricular 34 or cocurricular activities approved by the public school district or open -35 enrollment public charter school for credit. 36 As Engrossed: S3/6/25 S3/12/25 SB246 37 03-12-2025 14:09:05 CRH173 (d) A public school district or an open -enrollment public charter 1 school that grants excused or unexcused absences under subsections (a) or (b) 2 of this section shall provide a report by June 30 each year to the Division 3 of Elementary and Secondary Education that contains the following: 4 (1) The number of absences requested under this section; 5 (2) The number of absences granted under this section; and 6 (3) The stated purposes of the absence. 7 8 SECTION 24. Arkansas Code § 6 -18-1104(b), concerning parental 9 notification and permission related to school fundraising programs, is 10 amended to read as follows: 11 (b) A one-page form for parental notification and permission shall be 12 developed by the Division of Elementary and Secondary Education in 13 cooperation with school administrators and the Arkansas Parent Teacher 14 Association. 15 16 SECTION 25. Arkansas Code § 6 -18-2004(b)(2)(G)(vi), concerning the 17 direct and indirect services offered as comprehensive student services by a 18 school counselor as part of a contributing member of a decision -making team 19 in advanced placement and gifted and talented programs, is amended to read as 20 follows: 21 (vi) Advanced placement Accelerated learning and 22 gifted and talented programs. 23 24 SECTION 26. Arkansas Code § 6 -18-2004(c), concerning administrative 25 activities performed by a school counselor, is amended to read as follows: 26 (c)(1) Administrative activities performed by a school counselor shall 27 not exceed more than ten percent (10%) of the school counselor's time spent 28 working during student contact days. 29 (2) Administrative activities provided by a school counselor in 30 collaboration with other school personnel include without limitation: 31 (A) Coordinating state assessments, cognitive achievement 32 assessments, advanced placement accelerated learning programs, and English 33 language proficiency testing programs; 34 (B) Developing master schedules; 35 (C) Coordinating of: 36 As Engrossed: S3/6/25 S3/12/25 SB246 38 03-12-2025 14:09:05 CRH173 (i) Teams convened under Section 504 of the 1 Rehabilitation Act of 1973, Pub. L. No. 93 -112; 2 (ii) Response-to-intervention teams; 3 (iii) English learner programs; 4 (iv) Parental involvement or family engagement 5 programs; 6 (v) Positive behavioral intervention support 7 programs; 8 (vi) Data entry; and 9 (vii) Advanced placement Accelerated learning and 10 gifted and talented programs; and 11 (D) Monitoring students in common areas such as the 12 cafeteria, hallway, playground, and bus lines. 13 14 SECTION 27. Arkansas Code § 6 -20-2203(a)(4), concerning the 15 development by the Division of Elementary and Secondary Education of the 16 Arkansas Financial Accounting Handbook, is amended to read as follows: 17 (4) The rules shall be developed by the state board in 18 cooperation with the division , and representatives from the Arkansas 19 Association of Educational Administrators, the Arkansas Association of School 20 Business Officials, the Arkansas Education Association, the education service 21 cooperatives, and the Legislative Joint Auditing Committee. 22 23 SECTION 28. Arkansas Code § 6 -20-2204(a)(3)(A), concerning required 24 training for public school districts, open -enrollment public charter schools, 25 and education service cooperatives under the Arkansas Educational Financial 26 Accounting and Reporting Act of 2004, is amended to read as follows: 27 (3)(A) The instruction may be provided by an institution of 28 higher education in this state, from instruction sponsored by the division , 29 by an in-service training program conducted by the Arkansas Association of 30 School Business Officials , or from another provider. 31 32 SECTION 29. Arkansas Code § 6 -20-2204(b)(2), concerning required Tier 33 II training for public school districts, open -enrollment public charter 34 schools, and education service cooperatives under the Arkansas Educational 35 Financial Accounting and Reporting Act of 2004, is amended to read as 36 As Engrossed: S3/6/25 S3/12/25 SB246 39 03-12-2025 14:09:05 CRH173 follows: 1 (2) Tier II training shall be developed by the division in 2 cooperation with representatives from the Arkansas Association of Educational 3 Administrators, the Arkansas Association of School Business Officials, the 4 Arkansas Education Association, the Legislative Joint Auditing Committee , and 5 the education service cooperatives . 6 7 SECTION 30. Arkansas Code § 6 -20-2207(b)(1), concerning the rules 8 governing the uniform budget and accounting system for school districts, 9 education service cooperatives, and open-enrollment public charter schools, 10 is amended to read as follows: 11 (b)(1)(A) The state board shall amend the rules, and the Division of 12 Elementary and Secondary Education shall amend the Arkansas Financial 13 Accounting Handbook provided in subsection (a) of this section as necessary. 14 (B) The amendments, annual revisions, and financial 15 accounting updates to the Arkansas Financial Accounting Handbook shall be 16 developed with representatives from the Arkansas Association of School 17 Business Officials, the education service cooperatives, and other school 18 district officials as designated by the division. 19 20 SECTION 31. Arkansas Code § 6 -21-113(a), concerning the membership of 21 the Advisory Committee on Public School Academic Facilities, is amended to 22 read as follows: 23 (a) To assist the Division of Public School Academic Facilities and 24 Transportation, there is established the Advisory Committee on Public School 25 Academic Facilities to be composed of the following members who must be 26 willing to devote adequate time to the work of the committee and who reflect 27 the demographics of the state: 28 (1) The Director of the Division of Public School Academic 29 Facilities and Transportation or the director's designee, who shall also 30 serve as secretary to the committee; 31 (2) One (1) person who is a licensed building contractor 32 experienced in public school construction selected from a list of no fewer 33 than three (3) names submitted by the Arkansas Chapter of the Associated 34 General Contractors of America ; 35 (3) One (1) person who is a licensed architect experienced in 36 As Engrossed: S3/6/25 S3/12/25 SB246 40 03-12-2025 14:09:05 CRH173 public school design submitted by the Arkansas Chapter, the American 1 Institute of Architects ; 2 (4) One (1) person who is a licensed or registered mechanical 3 engineer experienced in public school mechanical and plumbing systems design 4 selected from a list of no fewer than three (3) names submitted by the 5 Arkansas Society of Professional Engineers ; 6 (5) One (1) person who is a licensed or registered electrical 7 engineer experienced in public school electrical systems design selected from 8 a list of no fewer than three (3) names submitted by the Arkansas Society of 9 Professional Engineers ; 10 (6) One (1) person who is a licensed or registered civil 11 engineer experienced in public school civil engineering design and 12 construction selected from a list of no fewer than three (3) names submitted 13 by the Arkansas Society of Professional Engineers ; 14 (7) Two (2) persons selected by the Commission for Arkansas 15 Public School Academic Facilities and Transportation, one (1) of whom is 16 knowledgeable and holds certification in the field of educational technology 17 applications and strategies; 18 (8) Two (2) persons selected from a list of six (6) names 19 submitted by the Arkansas Association of Educational Administrators from its 20 membership; 21 (9) One (1) person selected from a list of three (3) names 22 submitted by the Arkansas Education Association from its membership; 23 (10) Two (2) persons selected from a list of six (6) names 24 submitted by the Arkansas School Boards Association from its membership; 25 (11) Two (2) persons selected from a list of six (6) names 26 submitted by the Arkansas Rural Ed Association from its membership; 27 (12) One (1) person selected from a list of three (3) names 28 submitted by the Arkansas Public School Resource Center, Inc., from its 29 membership; and 30 (13) Three (3) persons, one (1) from each of the professions of 31 construction, architecture, and education, selected by the commission to 32 serve as ex-officio members of the committee based on prior service on the 33 committee; 34 (9) One (1) licensed teacher appointed by the Commissioner of 35 Elementary and Secondary Education; 36 As Engrossed: S3/6/25 S3/12/25 SB246 41 03-12-2025 14:09:05 CRH173 (10) One (1) principal appointed by the commissioner; and 1 (11) One (1) superintendent appointed by the commissioner . 2 3 SECTION 32. Arkansas Code § 6 -21-817(b), concerning the membership of 4 the Public School Americans with Disabilities Act Compliance Committee, is 5 amended to read as follows: 6 (b) The committee shall be composed of six (6) members as follows the 7 following members: 8 (1) One (1) member from the Building Authority Division; 9 (2) One (1) member from the Division of Public School Academic 10 Facilities and Transportation; 11 (3) One (1) member from the State Fire Marshal Office of the 12 Division of Arkansas State Police Office of Fire Protection Services ; 13 (4) One (1) member from the Division of Elementary and Secondary 14 Education; 15 (5) One (1) member from the Arkansas Association of Educational 16 Administrators; and 17 (6) One (1) member from the Arkansas Public School Resource 18 Center, Inc. 19 (5) Other relevant stakeholders deemed necessary by the members 20 designated under subdivisions (b)(1) -(4) of this section. 21 22 SECTION 33. Arkansas Code § 6 -28-112(b), concerning academic course 23 placement under the Arkansas Military Child School Transitions Act of 2021, 24 is amended to read as follows: 25 (b) Academic course placement includes without limitation enrollment 26 in: 27 (1) Honors courses Accelerated learning courses ; and 28 (2) The International Baccalaureate Diploma Programme; 29 (3) Advanced Placement courses; and 30 (4) Academic, technical, and career pathway courses. 31 32 SECTION 34. Arkansas Code Title 6, Chapter 28, Subchapter 2, is 33 amended to add an additional section to read as follows: 34 § 6-28-207. Purple Star Schools. 35 (a) A public school district or an open -enrollment public charter 36 As Engrossed: S3/6/25 S3/12/25 SB246 42 03-12-2025 14:09:05 CRH173 school that shows a significant commitment to serving students and families 1 connected to the United States Armed Forces may be designated as a Purple 2 Star School or Purple Star School District. 3 (b) The Division of Elementary and Secondary Education may promulgate 4 rules to implement this section. 5 6 SECTION 35. Arkansas Code § 6 -41-610(b)(2), concerning the membership 7 of the committee that develops and updates the Arkansas Dyslexia Resource 8 Guide, is amended to read as follows: 9 (2)(A) The committee shall include one (1) representative who 10 has the following members who shall have experience working in the field of 11 dyslexia intervention from the following organizations, and are appointed by 12 the Commissioner of Elementary and Secondary Education: 13 (i)(A) The Arkansas Association of Educational 14 Administrators One (1) public school administrator ; 15 (ii)(B) The Division A representative from the Office of 16 Learning Services of the Division of Elementary and Secondary Education; 17 (iii)(C) The A representative from the Division of Higher 18 Education; 19 (iv)(D) The Arkansas Education Association One (1) public 20 school licensed educator ; 21 (v)(E) The Arkansas School Boards Association One (1) 22 public school district board of directors member ; 23 (vi)(F) The Arkansas School Psychology Association, A 24 school psychologist with at least three (3) years of experience in testing 25 for dyslexia; and 26 (vii)(G) An education service cooperative administrator .; 27 and 28 (B)(H) Three (3) professionals who have worked in a public 29 school who are knowledgeable in and have expertise in dyslexia screening and 30 interventions. 31 32 SECTION 36. Arkansas Code §§ 6 -51-602 and 6-51-603 are amended to read 33 as follows: 34 6-51-602. Definitions. 35 As used in this subchapter , unless the context otherwise requires : 36 As Engrossed: S3/6/25 S3/12/25 SB246 43 03-12-2025 14:09:05 CRH173 (1) “Admissions representative” means a person who executes an 1 enrollment agreement and who receives compensation for the primary duties of 2 encouraging prospective students to enroll for training in a program of study 3 offered by a school covered under the provisions of this subchapter; 4 (2) “Board” means the State Board of Private Career Education 5 Arkansas Higher Education Coordinating Board ; 6 (3) “Combination school” means any school in which programs of 7 study are conducted by both distance education and resident training; 8 (4) “Director” means the authorized representative of the State 9 Board of Private Career Education for the purpose of administering the 10 provisions of this subchapter; 11 (5) “Distance education school” means any school in which all 12 programs of study are conducted by distance education; 13 (6) “Extension course site” means a location away from the 14 school where a course or courses are conducted one (1) or more times during 15 the licensure period; 16 (4) "Institution of higher education" means a: 17 (A) State-supported two-year or four-year college or 18 university; or 19 (B) Private, nonprofit two -year or four-year college or 20 university with its primary headquarters located in Arkansas that is eligible 21 to receive Title IV federal student aid funds; 22 (7)(5) “Program of study” means an organized unit of courses or 23 an individual course in which instruction is offered; 24 (8) “Resident school” means any school in which all programs of 25 study are conducted in resident classrooms or held in public meeting 26 facilities; 27 (9)(6) “Satellite school” means a location within the State of 28 school located in Arkansas but away from the school where programs of study 29 are offered on a regular continuing basis by Arkansas schools; 30 (10)(A)(7)(A) “School” means any person, firm, partnership, 31 association, corporation, or other form of business organization seeking to 32 do business or offering in the State of Arkansas an entity that offers: 33 (i) resident Resident or correspondence training 34 that leads to or enhances occupational qualifications .; 35 (B) “School” also means any firm, partnership, 36 As Engrossed: S3/6/25 S3/12/25 SB246 44 03-12-2025 14:09:05 CRH173 association, corporation, or other form of business organization that offers 1 instruction 2 (ii) Instruction in airframe or power plant 3 mechanics.; 4 (C)(iii) “School” also means any firm, partnership, 5 association, corporation, or other form of business organization that offers 6 training Training as preparation for passing exams that may lead to 7 employment.; or 8 (D)(iv) “School” also means any firm, partnership, 9 association, corporation, or other form of business organization that offers 10 driver Driver education training, excluding those courses taught to motor 11 vehicle violators pursuant to court order. 12 (E)(B) “School” does not include : 13 (i) A program of instruction in yoga or in yoga -14 teacher training; or 15 (ii) An an institution that is subject to the 16 jurisdiction of the Arkansas Higher Education Coordinating Board under § 6 -17 61-301 of higher education; and 18 (11)(8) “Student” or “enrollee” means a person who is seeking to 19 enroll, has been enrolled, is sought for enrollment, or is seeking training 20 or instruction in a school as defined in this section. 21 22 6-51-603. Exemptions. 23 The following are exempt from licensure under this subchapter: 24 (1) Private institutions exclusively offering instruction at any 25 or all levels from preschool prekindergarten through twelfth grade twelve 26 (preK-12); 27 (2) Schools established by laws of Arkansas laws, governed by 28 Arkansas boards, and permitted to operate for the sole purpose of providing 29 specific training normally required to qualify persons for occupational 30 licensure by state boards or commissions, which determine education and other 31 standards for licensure and operation of such schools; 32 (3) State colleges and universities coordinated by the Arkansas 33 Higher Education Coordinating Board Institutions of higher education ; 34 (4) Programs of study offered by institutions or individuals for 35 personal improvement, whether avocational or recreational, if designated 36 As Engrossed: S3/6/25 S3/12/25 SB246 45 03-12-2025 14:09:05 CRH173 through media or other sources as not for the purpose of enhancing an 1 occupational objective; 2 (5) Schools operated solely to provide programs of study in 3 theology, divinity, religious education, and ministerial training; 4 (6) A training program offered or sponsored by an employer for 5 training and preparation of its own employees and for which no tuition fee is 6 charged the employee; 7 (7) A program of study sponsored by a recognized trade, 8 business, or professional organization for instruction of the members of the 9 organization with a closed membership and for which no fee is charged the 10 member; 11 (8) A school or educational institution supported by state or 12 local government taxation; 13 (9) Flight instructors and flight instruction schools licensed 14 under appropriate Federal Aviation Administration regulations and offering 15 only training for a private pilot's license; 16 (10) Schools covered by § 6 -61-301(a)(3) and exempt from § 6 -61-17 101 et seq.; 18 (11) Training offered by other Arkansas state agencies, boards, 19 or commissions; 20 (12)(A) Training offered on military bases where a majority of 21 the students enrolled are active duty personnel or their adult family 22 members, United States Department of Defense civilian employees or their 23 adult family members, members of the United States Armed Forces reserve 24 components, and retirees. 25 (B) These organizations shall remain exempt from the 26 requirement for licensure if required to move off the military installation 27 for a period of not more than ninety (90) days because of a change in 28 security level which would not allow civilian students on the installation. 29 (C) The State Board of Private Career Division of Higher 30 Education shall have the authority to may review any situations that extend 31 past the ninety-day period and determine whether the exemption status should 32 remain for the school; 33 (13) Certified nurse aide or certified nursing assistant 34 training programs: 35 (A) Whose underlying majority ownership has ownership of 36 As Engrossed: S3/6/25 S3/12/25 SB246 46 03-12-2025 14:09:05 CRH173 five (5) or more nursing facilities licensed by the Office of Long -Term Care; 1 and 2 (B) That are under the regulatory oversight of the office; 3 and 4 (14) Schools located outside the state that: 5 (A) Offer education or training outside the state; and 6 (B) Do not participate in distance education. 7 8 SECTION 37. Arkansas Code § 6 -51-605 is amended to read as follows: 9 6-51-605. State Board of Private Career Education Authority of Division 10 of Higher Education. 11 (a)(1)(A) The Governor shall appoint a State Board of Private Career 12 Education of seven (7) members who shall serve for terms of seven (7) years. 13 (B) The Governor shall make appointments or reappointments 14 to the board to provide membership of three (3) persons associated with 15 schools and four (4) persons from the general public. 16 (2) The Commissioner of the Division of Higher Education and the 17 Director of the Division of Career and Technical Education or their designees 18 shall serve as nonvoting, ex officio members of the board. 19 (b)(1) The board may elect the necessary officers, acting by and 20 through the Commissioner of the Division of Higher Education. 21 (2) The Division of Higher Education shall have the sole 22 authority to: 23 (A)(1) Approve all schools offering programs of study 24 leading to or enhancing an occupational objective; 25 (B) Administer and enforce this subchapter; and 26 (C)(2) Issue licenses to schools that have met the 27 standards set forth for the purposes of this subchapter established by the 28 Division of Higher Education, including without limitation programs: 29 (A) Programs of study, adequate; 30 (B) Adequate facilities, financial; 31 (C) Financial stability, qualified; 32 (D) Qualified personnel, and legitimate; and 33 (E) Legitimate operating practices. 34 (c)(b) Upon approval by the Division of Higher Education, any such 35 school may issue certificates or diplomas. 36 As Engrossed: S3/6/25 S3/12/25 SB246 47 03-12-2025 14:09:05 CRH173 (d)(c) The Division of Higher Education shall: 1 (1) Formulate the Establish criteria and the standards evolved 2 for the approval of such licensed schools; 3 (2) Provide for adequate investigation of all schools applying 4 for a license; 5 (3) Issue licenses to those applicants meeting the standards 6 fixed established by the Division of Higher Education; and 7 (4) Maintain a list of schools approved under the provisions of 8 this subchapter. 9 (e) The Division of Higher Education shall formulate the standards 10 evolved under this subchapter for the approval of admissions representatives 11 of such licensed schools and issue licenses to those applicants meeting the 12 standards fixed by the Division of Higher Education. 13 (f)(d) In consultation with the board, the The Division of Higher 14 Education shall may promulgate standards and rules to be prescribed for the 15 administration of this subchapter and the management and operation of the 16 schools and admissions representatives, subject to the provisions of 17 implement this subchapter. 18 (g)(e) The Division of Higher Education shall participate in the 19 administer hearings before the Arkansas Higher Education Coordinating Board 20 for provided to schools and admissions representatives in cases of facing 21 revocation or denial of licensure. 22 (h) Official meetings of the board may be called by the Chair of the 23 State Board of Private Career Education as necessary, but meetings shall be 24 held at least four (4) times a year. 25 (i) A majority of favorable votes by the board members at an official 26 meeting is required for adoption of a recommendation. 27 (j) Board members may be reimbursed for expenses in accordance with § 28 25-16-901 and stipends according to § 25 -16-903. 29 (k) The board may adopt and use a seal, which may be used for the 30 authentication of the recommendations of the board. 31 (l)(1)(f)(1) The Division of Higher Education shall annually require 32 background investigations for all partners or shareholders with ten percent 33 (10%) or more ownership interest in a school when the school seeks an 34 original license. 35 (2) The Division of Higher Education may establish a schedule 36 As Engrossed: S3/6/25 S3/12/25 SB246 48 03-12-2025 14:09:05 CRH173 for periodic background checks for partners or shareholders with ten percent 1 (10%) or more ownership interest in a school when seeking renewal of a school 2 license. 3 (m)(1)(g)(1) The partners or shareholders shall apply to the 4 Identification Bureau of the Division of Arkansas State Police for a state 5 and national criminal background check to be conducted by the Federal Bureau 6 of Investigation. 7 (2) The check shall conform to the applicable federal standards 8 and shall include the taking of fingerprints. 9 (3) The applicant shall sign a release of information to the 10 board and shall be responsible to the Division of Arkansas State Police for 11 the payment of any fee associated with the criminal background check. 12 (4) Upon completion of the criminal background check, the 13 Identification Bureau of the Division of Arkansas State Police shall forward 14 to the Division of Higher Education all information obtained concerning the 15 person in the commission of any offense listed in § 6 -51-606(g)(3). 16 (5)(A) The Division of Higher Education may issue a nonrenewable 17 temporary license pending the results of the criminal background check. 18 (B) The temporary license shall be valid for no more than 19 six (6) months. 20 (C) Upon receipt of information from the Identification 21 Bureau of the Division of Arkansas State Police that only one (1) of the 22 partners or shareholders of the school holding the license has been convicted 23 of any offense listed in § 6 -51-606(g)(3), the Division of Higher Education 24 shall revoke the license. 25 (n)(1)(h)(1) The provisions of Licensure revocation under § 6-51-26 606(g) may be waived by the Division of Higher Education upon the request of: 27 (A) An affected applicant for licensure; or 28 (B) The partners or shareholders of a school holding a 29 license subject to revocation. 30 (2) Circumstances for which a waiver may be granted shall 31 include, but not be limited to, without limitation the following: 32 (A) The age at which the crime was committed; 33 (B) The circumstances surrounding the crime; 34 (C) The length of time since the crime; 35 (D) Subsequent work history; 36 As Engrossed: S3/6/25 S3/12/25 SB246 49 03-12-2025 14:09:05 CRH173 (E) Employment references; 1 (F) Character references; and 2 (G) Other evidence demonstrating that the applicant does 3 not pose a threat. 4 (o)(1)(i)(1) Any information received by the Division of Higher 5 Education from the Identification Bureau of the Division of Arkansas State 6 Police under this section shall not be available for examination except by: 7 (A) The affected applicant for licensure or his or her 8 authorized representative; or 9 (B) The person whose license is subject to revocation or 10 his or her authorized representative. 11 (2) No record, file, or document shall be removed from the 12 custody of the Division of Arkansas State Police. 13 (p)(j) Any information made available to the affected applicant for 14 licensure or the person whose license is subject to revocation shall be 15 information pertaining to that person only. 16 (q)(k) Rights of privilege and confidentiality established in this 17 section shall not extend to any document created for purposes other than the 18 background check required by this section. 19 (r) In consultation with the board, the Division of Higher Education 20 shall adopt the necessary rules to fully implement the provisions of this 21 section. 22 23 SECTION 38. Arkansas Code § 6 -51-606 is amended to read as follows: 24 6-51-606. School license generally. 25 (a) No persons shall operate, conduct, maintain, or offer to operate 26 in this state Arkansas a school as defined in this subchapter, or solicit the 27 enrollment of students residing in the state Arkansas, unless a license is 28 first secured from the Division of Higher Education issued in accordance with 29 the provisions of this subchapter and the rules promulgated by the division 30 in consultation with the State Board of Private Career Education . 31 (b)(1) Application An application for a license shall be filed in the 32 manner and upon the forms prescribed and furnished by the division for that 33 purpose signed and include all required information as prescribed by the 34 division. 35 (2) The application shall be signed by the applicant and 36 As Engrossed: S3/6/25 S3/12/25 SB246 50 03-12-2025 14:09:05 CRH173 properly verified and shall contain such information as may apply to the type 1 and kind of school, satellite school, or extension course site for which a 2 license is sought. 3 (c)(1) A license issued shall be restricted to the programs of study 4 specifically indicated in the application for a license. 5 (2) The holder of a license shall present a supplementary 6 application for approval of additional programs of study. 7 (d) The license shall remain the property of the State of Arkansas and 8 shall be returned to the division upon cause. 9 (e) After a license is issued to any school by the division on the 10 basis of its application , it shall be the responsibility of the school to 11 notify the division immediately the division of any changes in the ownership, 12 administration, location, faculty, or programs of study on the forms and in 13 the manner prescribed by the division . 14 (f)(1) In the event of the sale of such school, the license granted to 15 the original owner or operators shall not be transferable to the new 16 ownership or operators , but. 17 (2) An application for a new license must shall be made and 18 approved before the new ownership's taking over operation of the school. 19 (g) The division shall have the power to deny issuing a new or renewal 20 license, to revoke an existing license, or to place a licensee on probation, 21 if in its discretion it determines that: 22 (1) The licensee has violated any of the provisions of this 23 subchapter or any of the rules of the division; 24 (2) The applicant or licensee has knowingly presented to the 25 division incomplete or misleading information relating to licensure; 26 (3) The applicant or licensee has pleaded guilty, entered a plea 27 of nolo contendere, or has been found guilty in a criminal proceeding, 28 regardless of whether or not the adjudication of guilt or sentence is 29 withheld, deferred, or suspended by a court of this state Arkansas, another 30 state, or the United States Government, of: 31 (A) Any felony; or 32 (B) Any act involving moral turpitude, gross immorality, 33 or which is related to the qualifications, functions, and duties of a 34 licensee; 35 (4) The applicant or licensee has intentionally failed or 36 As Engrossed: S3/6/25 S3/12/25 SB246 51 03-12-2025 14:09:05 CRH173 refused to permit the division or its representatives to inspect the school 1 or classes or has intentionally failed or refused to make available to the 2 division, at any time when requested to do so , full information pertaining to 3 any or all items of information contained in an application for license or 4 pertaining to the operation of the school; 5 (5) The applicant has failed or refused to submit to the 6 division an application for license or renewal in the manner and on the forms 7 prescribed; 8 (6) A licensed admissions representative has failed or refused 9 to display or produce his or her license when requested to do so by 10 prospective students or designated officials of the division; 11 (7) The applicant or licensee has failed to provide or maintain 12 premises, equipment, materials, supplies, or conditions in accordance with 13 minimum standards as established by rules; 14 (8) The licensee has been found by the division or a court of 15 law to have perpetrated fraud or deceit in advertising of the school or 16 programs of study or in presenting to prospective students information 17 relating to the school, programs of study, employment opportunities, or 18 opportunities for enrollment in institutions of higher education; 19 (9) The licensee has in its employ any admissions 20 representatives who have not been licensed but are actively engaged in the 21 practice of attempting to enroll students; 22 (10) The licensee has failed to provide and maintain standards 23 of instruction or qualified administrative, supervisory, or instructional 24 staff as established by rules; 25 (11) The applicant or licensee is unable to provide and maintain 26 financial resources in sufficient amount to equip and maintain the school or 27 classes; 28 (12) The licensee has moved the school into new premises or 29 facilities without first notifying the division; 30 (13) The licensee has offered training or instruction in 31 programs of study which have not been approved and authorized in accordance 32 with rules; 33 (14) A licensed admissions representative has solicited 34 prospective students to enroll in a school which has not been licensed by the 35 division or which is not listed on his or her license; 36 As Engrossed: S3/6/25 S3/12/25 SB246 52 03-12-2025 14:09:05 CRH173 (15) There was a change in the ownership of the school without 1 proper notification to and approval from the division; 2 (16) The licensee has failed to notify the division or to 3 provide written documentation as to the cause that the license of a school 4 has been suspended or revoked or the school has been placed on probation or a 5 show cause issued in another state or by another regulatory agency; 6 (17) The licensee has failed to notify the division of legal 7 actions initiated by or against the school; or 8 (18) The licensee fails to make tuition refunds to the students 9 or their lenders in compliance with current rules. 10 (h) The division shall have the power to revoke a license if in its 11 discretion it determines that: 12 (1) The licensee has failed to cure a deficiency leading to a 13 license probation within the time as may be reasonably prescribed by the 14 division; 15 (2) The licensee while on probation has been found by the 16 division to have incurred an additional infraction of this subchapter; or 17 (3) The licensee has closed a school without first having 18 completed the training of all students currently enrolled or having made 19 tuition refunds to students or their lenders. 20 (i) The division may impose sanctions under § 25 -15-217. 21 (j)(1) Unless directed to do so by court order, the division shall 22 not, for a period of five (5) years following revocation, reinstate the 23 license of a school or allow an owner of any such school to seek licensure of 24 another school. 25 (2) Upon expiration of licensure status, the school must apply 26 for an original license in accordance with the provisions of this subchapter. 27 (k)(1) Upon closure of a school located in Arkansas and licensed under 28 any provision of this subchapter, whether for license revocation or any other 29 cause, all student financial aid records for the previous three (3) years and 30 all student transcripts regardless of age must be delivered to the division. 31 (2) Delivered records shall be arranged in alphabetical order 32 and stored in boxes or in data format at the discretion of the division. 33 (3) The division shall be responsible for the proper security, 34 storage, and maintenance of all such records. 35 36 As Engrossed: S3/6/25 S3/12/25 SB246 53 03-12-2025 14:09:05 CRH173 SECTION 39. Arkansas Code § 6 -51-607(a)(1), concerning the payment of 1 annual fees by a private resident and correspondence school, is amended to 2 read as follows: 3 (a)(1) Each school licensed under this subchapter shall pay annually a 4 fee to be set by the Division of Higher Education in consultation with the 5 State Board of Private Career Education Arkansas Higher Education 6 Coordinating Board. 7 8 SECTION 40. Arkansas Code § 6-51-609(k), concerning the promulgation 9 of rules related to private resident and correspondence schools, is repealed. 10 (k) In consultation with the State Board of Private Career Education, 11 the Division of Higher Education shall adopt the necessary rules to fully 12 implement the provisions of this section. 13 14 SECTION 41. Arkansas Code § 6 -51-610(a), concerning fees related to 15 private resident and correspondence schools, is amended to read as follows: 16 (a) In consultation with the State Board of Private Career Education 17 Arkansas Higher Education Coordinating Board , the Division of Higher 18 Education shall set fees for schools and admissions representatives. 19 20 SECTION 42. Arkansas Code § 6 -51-616 is amended to read as follows: 21 6-51-616. Student grievance procedure. 22 (a) Any student may file a written complaint with the Division of 23 Higher Education on the forms prescribed and furnished by the division for 24 that purpose if the student has reason to believe he or she is suffering loss 25 or damage resulting from: 26 (1) The failure of a school to perform agreements made with the 27 student; or 28 (2) An admissions representative's misrepresentations in 29 enrolling the student. 30 (b)(1) All complaints shall be investigated, and attempts shall be 31 made to resolve them informally. 32 (2) If an informal resolution cannot be achieved, the aggrieved 33 party may request a formal hearing to be held before the State Board of 34 Private Career Education Arkansas Higher Education Coordinating Board . 35 (c) The aggrieved party may not pursue resolution before the board if 36 As Engrossed: S3/6/25 S3/12/25 SB246 54 03-12-2025 14:09:05 CRH173 legal action has been filed. 1 (d) The request for a hearing shall be in writing and filed with the 2 director division within one (1) year of completion of, or withdrawal from, 3 the school. 4 (e) The written request for a hearing shall name the parties involved 5 and specific facts giving rise to the dispute. 6 (f) The ruling of the board shall be binding upon the parties. 7 8 SECTION 43. The introductory language of Arkansas Code § 6 -51-617(a), 9 concerning dispute resolution by the State Board of Private Career Education, 10 is amended to read as follows: 11 (a) The State Board of Private Career Education Arkansas Higher 12 Education Coordinating Board shall represent the sole authority to resolve 13 disputes between a student and a school as to grievances relating to: 14 15 SECTION 44. Arkansas Code § 6 -51-621 is repealed. 16 6-51-621. Construction of subchapter. 17 Nothing in this subchapter shall be construed to affect the 18 responsibilities of the Arkansas Higher Education Coordinating Board as 19 defined in § 6-61-301. 20 21 SECTION 45. Arkansas Code § 6 -51-622(d), concerning rules related to 22 noncommercial driver training instructions, is repealed. 23 (d)(1) In consultation with the State Board of Private Career 24 Education, the Division of Higher Education may promulgate reasonable rules 25 to implement, enforce, and administer this section. 26 (2) The rules of the division shall be issued in accordance with 27 the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 28 29 SECTION 46. Arkansas Code § 6 -53-203(a), concerning powers and duties 30 of the Arkansas Higher Education Coordinating Board related to the technical 31 and community college system, is amended to add an additional subdivision to 32 read as follows: 33 (10) Promulgate rules to implement this chapter. 34 35 SECTION 47. Arkansas Code § 6 -60-1504 is amended to read as follows: 36 As Engrossed: S3/6/25 S3/12/25 SB246 55 03-12-2025 14:09:05 CRH173 6-60-1504. Limitations. 1 (a) Nothing in this subchapter shall be interpreted as: 2 (1) Giving a member of the campus community the right to disrupt 3 a previously scheduled or otherwise reserved activity; 4 (2) Authorizing a member of the campus community to disregard a 5 policy of the state-supported institution of higher education regarding: 6 (A) Compliance with state and federal laws on 7 discrimination and harassment; or 8 (B) The productive and efficient operation of an 9 instructional or work environment; 10 (3) Preventing a state -supported institution of higher education 11 from prohibiting, limiting, or restricting expression that is not protected 12 under the First Amendment to the United States Constitution or Article 2, § 13 6, of the Arkansas Constitution; or 14 (4) Prohibiting a state -supported institution of higher 15 education from imposing a restriction on the time, place, or manner of 16 expression in or on a campus forum, provided the restriction on the time, 17 place, or manner of expression: 18 (A) Is reasonable; 19 (B) Is justified without reference to the viewpoint of the 20 speaker; 21 (C) Is narrowly tailored to serve a significant state 22 interest; and 23 (D) Leaves open ample alternative channels for 24 communication of the information or message contained in the expression. 25 (b) A state-supported institution of higher education shall not grant 26 excused absences for: 27 (1) Purposes of political protest; 28 (2) Social or public policy advocacy; or 29 (3) Attempts to influence legislation or other governmental 30 policymaking at the local, state, or federal level. 31 (c) Academic standards, teaching standards, education standards, 32 curriculum, teacher professional development, and rules in a state -supported 33 institution of higher education shall not authorize student walkouts for 34 purposes of: 35 (1) Political protest; 36 As Engrossed: S3/6/25 S3/12/25 SB246 56 03-12-2025 14:09:05 CRH173 (2) Social or public policy advocacy; or 1 (3) Attempts to influence legislation or other governmental 2 policymaking at the local, state, or federal level. 3 (d) This section shall not be construed to prohibit students from 4 attending curricular or co -curricular activities approved by the state -5 supported institution of higher education. 6 (e)(1) A student who negligently or intentionally causes damages to 7 the property of a state -supported institution of higher education while 8 engaging in a political protest or public policy advocacy shall be liable to 9 the state-supported institution of higher education for damages caused by the 10 student. 11 (2) A state-supported institution of higher education may seek 12 to recover damages described in subdivision (e)(1) of this section in a court 13 of competent jurisdiction. 14 (3) A student of a state -supported institution of higher 15 education who has been found liable for damages described in subdivision 16 (e)(1) of this section shall be subject to the following penalties until the 17 judgment is fully satisfied: 18 (A) The student shall be ineligible to receive a degree or 19 credential from the state -supported institution of higher education; and 20 (B) The state-supported institution of higher education 21 shall not transfer or otherwise endorse credit issued by the state -supported 22 institution of higher education for the purposes of satisfying degree 23 requirements at any other state -supported institution of higher education. 24 25 SECTION 48. Arkansas Code Title 6, Chapter 60, is amended to add 26 additional subchapters to read as follows: 27 Subchapter 16 — Rejecting Discrimination and Indoctrination in Postsecondary 28 Education 29 30 6-60-1601. Legislative findings. 31 The General Assembly recognizes that: 32 (1) The First Amendment of the United States Constitution 33 robustly protects the right to speak without government interference, but not 34 to compel others to adopt, affirm, or adhere to specific beliefs; 35 (2) The Fourteenth Amendment of the United States Constitution 36 As Engrossed: S3/6/25 S3/12/25 SB246 57 03-12-2025 14:09:05 CRH173 provides that no state shall deny to any person within its jurisdiction the 1 equal protection of the law; 2 (3) Title IV of the Civil Rights Act of 1964 promotes the 3 desegregation of public schools and authorizes the United States Attorney 4 General to file lawsuits to enforce the provisions of the Civil Rights Act of 5 1964. It defines "desegregation" as "the assignment of students to public 6 schools and within such schools without regard to their race, color, 7 religion, or national origin," thereby removing government -sanctioned racial 8 discrimination in schools and implementing the United States Supreme Court’s 9 holding in "Brown v. Board of Education" , 347 U.S. 483 (1954), that racial 10 separation is a violation of the Equal Protection Clause of the Fourteenth 11 Amendment; and 12 (4) Title VI of the Civil Rights Act of 1964 states that “No 13 person in the United States shall, on the ground of race, color, or national 14 origin, be excluded from participation in, be denied the benefits of, or be 15 subjected to discrimination under any program or activity receiving Federal 16 financial assistance". 17 18 6-60-1602. Purpose. 19 (a) It is the intent of the General Assembly that administrators, 20 faculty, and other employees of a state -supported institution of higher 21 education maintain nondiscriminatory policies in accordance with Title IV, 22 Title VI, and Title VII of the Civil Rights Act of 1964. 23 (b) This subchapter is enacted to: 24 (1) Prevent discrimination; 25 (2) Promote the intellectual development of students and faculty 26 in Arkansas; and 27 (3) Protect the free exchange of ideas according to the United 28 States Constitution and the Arkansas Constitution. 29 30 6-60-1603. Definitions. 31 As used in this subchapter: 32 (1) “Accreditation” means the status of public recognition that 33 an accrediting agency grants to an educational institution; 34 (2) “Accrediting agency” means a legal entity or part of a legal 35 entity that: 36 As Engrossed: S3/6/25 S3/12/25 SB246 58 03-12-2025 14:09:05 CRH173 (A) Conducts accrediting activities; and 1 (B) Makes decisions about the accreditation or pre - 2 accreditation status of educational institutions; 3 (3) “Affirm, adopt, or adhere to” includes communicative speech 4 or act or action, including without limitation: 5 (A) Engaging in symbolic speech; 6 (B) Holding signs; 7 (C) Raising hands; 8 (D) Signing a pledge; or 9 (E) Participating in a parade, “privilege walk”, or 10 racially segregated activity of any sort; 11 (4) “Compel” means: 12 (A) Causing or pressuring an individual to perform an act 13 or action against his or her will; or 14 (B) Retaliating against an individual who declines to 15 perform an act against his or her will; 16 (5) “Diversity, equity, and inclusion initiative” or “DEI” 17 means: 18 (A) An office, division, department, or administrative 19 provider of a unit of study at a state -supported institution of higher 20 education with the purpose of: 21 (i) Influencing academic, administrative, hiring, or 22 employment practices at the state -supported institution of higher education; 23 (ii) Promoting: 24 (a) Preferences based upon race, color, sex, 25 ethnicity, or national origin; 26 (b) Differential treatment on the basis of 27 race, color, sex, ethnicity, or national origin; or 28 (c) Political or social activism to consider 29 race, color, sex, ethnicity, or national origin as factors in decision -30 making, except where required by federal or state law; or 31 (iii) Any promotion described in subdivision 32 (5)(A)(ii) of this section that conflicts with state and federal 33 antidiscrimination laws; or 34 (B) Any program, activity, applicant statement, or 35 training described in § 6 -60-1604 that promotes an activity described in 36 As Engrossed: S3/6/25 S3/12/25 SB246 59 03-12-2025 14:09:05 CRH173 subdivision (5)(A)(ii) of this section; 1 (6) “State-supported institution of higher education” means a 2 public postsecondary institution or a department in a public postsecondary 3 institution that: 4 (A) Provides: 5 (i) An eligible program of training to prepare 6 students for gainful employment in a recognized occupation; or 7 (ii) A program leading to a baccalaureate degree or 8 a graduate degree; and 9 (B) Is accredited by a recognized accrediting agency or 10 association and has continuously held the accreditation for the number of 11 years required by the Division of Higher Education; and 12 (7) "Unit of study" means a class, single component, or subject 13 offered by a state-supported institution of higher education for the 14 completion of a degree or that leads to a postsecondary award, including 15 academic credit, or for the purposes of auditing a class. 16 17 6-60-1604. Prohibitions. 18 (a) An officer, agent, administrator, employee, teacher, or contractor 19 of a state-supported institution of higher education shall not compel another 20 officer, agent, administrator, employee, teacher, contractor, or student of 21 the state-supported institution of higher education to personally affirm, 22 adopt, or adhere to ideas or beliefs in violation of Title IV, Title VI, or 23 Title VII of the Civil Rights Act of 1964, including without limitation: 24 (1) That an individual should be adversely or advantageously 25 treated on the basis of his or her race, ethnicity, sex, color, or national 26 origin; and 27 (2) That an individual student of a state -supported institution 28 of higher education or group of students of a state -supported institution of 29 higher education, by virtue of their race, ethnicity, sex, color, or national 30 origin, bear collective guilt or are inherently responsible for actions 31 committed by other members of the same race, ethnicity, sex, color, or 32 national origin. 33 (b) An officer, agent, administrator, employee, teacher, or contractor 34 of a state-supported institution of higher education shall not adversely or 35 advantageously treat students of the state -supported institution of higher 36 As Engrossed: S3/6/25 S3/12/25 SB246 60 03-12-2025 14:09:05 CRH173 education differently on the basis of race, ethnicity, sex, color, or 1 national origin except to the extent otherwise allowed by federal law. 2 (c)(1) An officer, agent, administrator, employee, teacher, or 3 contractor of a state -supported institution of higher education, when acting 4 in the course of his or her official duties, shall not organize, participate 5 in, or carry out any act or communication that would violate subsection (a) 6 of this section. 7 (2) The prohibition under subdivision (c)(1) of this section 8 shall not be construed to prohibit an employee of a state -supported 9 institution of higher education from: 10 (A) Discussing the ideas and history of the concepts 11 described in subsection (a) of this section for legitimate educational, 12 andragogical, or pedagogical purposes consistent with this subchapter; and 13 (B) Using methods of communication not in violation of 14 this subchapter. 15 (d) An officer, agent, administrator, employee, teacher, or contractor 16 of a state-supported institution of higher education may not condition 17 enrollment in or attendance of a class, training, or orientation of the 18 state-supported institution of higher education: 19 (1) On the basis of race, ethnicity, sex, color, or national 20 origin where not required by federal law; or 21 (2) On requiring an individual to personally affirm, adopt, or 22 adhere to a political, philosophical, religious, or other ideological 23 viewpoint. 24 (e) An officer, agent, administrator, employee, teacher, or contractor 25 of a state-supported institution of higher education shall not compel another 26 officer, agent, administrator, employee, teacher, contractor, or student of 27 the state-supported institution of higher education to personally affirm, 28 adopt, or adhere to a political, philosophical, religious, or other 29 ideological viewpoint. 30 (f) A state-supported institution of higher education shall not: 31 (1) Collect and report information related to DEI for 32 institutional accreditation purposes; 33 (2) Comply with any institutional accreditation requirement 34 related to DEI, including without limitation the requirement of a diversity 35 statement from a state -supported institution of higher education or any 36 As Engrossed: S3/6/25 S3/12/25 SB246 61 03-12-2025 14:09:05 CRH173 employee or contractor of a state -supported institution of higher education; 1 or 2 (3) Comply with any institutional accreditation requirement of 3 an accrediting agency that would require the state -supported institution of 4 higher education to violate this subchapter. 5 (g)(1) This subchapter does not prohibit officers, agents, 6 administrators, employees, teachers, contractors, or students of a state -7 supported institution of higher education from discussing public policy 8 issues or ideas that individuals may find unwelcome, disagreeable, or 9 offensive. 10 (2) It is the policy of this state that a state -supported 11 institution of higher education educates students of the state -supported 12 institution of higher education on how to think and not what to think. 13 (h)(1) Upon the president or chancellor of a state -supported 14 institution of higher education receiving notice from the Attorney General of 15 a violation of this section, a state -supported institution of higher 16 education that does not immediately make all reasonable efforts to resolve 17 the violation of this section shall demonstrate compliance with all 18 requirements of this section within a reasonable time . 19 (2)(A) A state-supported institution of higher education that 20 fails to demonstrate compliance with all requirements of this section within 21 a reasonable time as required under subdivision (h)(1) of this section shall 22 not be eligible for state funding under the state higher education funding 23 formula. 24 (B) In order to regain eligibility for receipt of state 25 funding, a state-supported institution of higher education shall demonstrate 26 compliance with all requirements of this section for not less than one (1) 27 fiscal year after the fiscal year in which the state -supported institution of 28 higher education became ineligible for receipt of state funding. 29 (i) A state-supported institution of higher education shall not expend 30 any state funds and shall reject any federal funds whose receipt requires the 31 state-supported institution of higher education to violate this subchapter. 32 (j) This subchapter shall not be construed to prevent compliance with 33 any state or federal civil rights laws that do not depend on receipt of state 34 or federal funding. 35 (k) A state-supported institution of higher education shall not 36 As Engrossed: S3/6/25 S3/12/25 SB246 62 03-12-2025 14:09:05 CRH173 require a current or prospective officer, agent, administrator, employee, 1 teacher, contractor, or student of the state -supported institution of higher 2 education to submit a statement or diversity statement describing his or her 3 views on matters related to race, ethnicity, sex, color, or national origin 4 to be considered for the purposes of hiring, evaluating, admitting, or 5 promoting the officer, agent, administrator, employee, teacher, contractor, 6 or student of the state -supported institution of higher education. 7 (l) This subchapter does not prohibit a state -supported institution of 8 higher education from directing recruitment, advertisement, or promotion 9 efforts to a specific population of prospective or existing students. 10 (m) This subchapter may be enforced by the Attorney General on behalf 11 of the state. 12 13 Subchapter 17 — Arkansas Direct Admissions Program 14 15 6-60-1701 Title. 16 This subchapter shall be known and may be cited as the “Arkansas Direct 17 Admissions Program Act”. 18 19 6-60-1702. Definitions. 20 As used in this subchapter: 21 (1) “Application requirements” means the forms, payments, or 22 activities that are required to be completed by a student to apply to a 23 state-supported institution of higher education as set by each participating 24 institution; 25 (2) “Eligible student” means a student who resides in Arkansas 26 and attends a public or private accredited high school that has agreed to 27 participate in the Arkansas Direct Admissions Program; 28 (3) “Enrollment requirements” means the forms, payments, or 29 activities that are required to be completed by a student to enroll in a 30 state-supported institution of higher education as set by each participating 31 institution; 32 (4) “Participating institution” means a state -supported 33 institution of higher education, community college, or technical college 34 within Arkansas that uses the Arkansas Direct Admissions Program; 35 (5) “Participating public school” means: 36 As Engrossed: S3/6/25 S3/12/25 SB246 63 03-12-2025 14:09:05 CRH173 (A) A public high school within a traditional public 1 school district that is accredited by the State Board of Education; 2 (B) An open-enrollment public charter school organized as 3 a high school that is authorized by the charter authorizing panel; and 4 (C) A private high school that is accredited by: 5 (i) The Arkansas Nonpublic School Accrediting 6 Association, Inc., or its successor; or 7 (ii) Another accrediting association recognized by 8 the state board; 9 (6) “Provisional admissions criteria” means the minimum academic 10 requirements that a student is required to meet to receive a provisional 11 admissions offer from a participating institution; and 12 (7)(A) “Provisional admissions offer” means a determination that 13 a student meets admissions criteria. 14 (B) "Provisional admissions offer" does not mean 15 acceptance to a participating institution. 16 17 § 6-60-1703. Arkansas Direct Admissions Program. 18 (a) There is established the Arkansas Direct Admissions Program. 19 (b) The program shall: 20 (1) Begin implementation with the high school graduating class 21 of 2026-2027; 22 (2) Establish: 23 (A) Provisional admissions criteria, including without 24 limitation: 25 (i) Grade point average; 26 (ii) Assessment scores; and 27 (iii) Course completion; 28 (B) Eligibility requirements for participating 29 institutions that include without limitation: 30 (i) Application requirements; and 31 (ii) Enrollment requirements; and 32 (C) Eligibility requirements for participating public 33 schools; 34 (3) Require the collection of student academic information to 35 determine provisional admissions offers; 36 As Engrossed: S3/6/25 S3/12/25 SB246 64 03-12-2025 14:09:05 CRH173 (4) Include a common application portal for eligible students to 1 participate in the program that may include without limitation: 2 (A) Information about participating institutions; 3 (B) Communication of provisional admissions offers to 4 participating students; and 5 (C) Information about available financial aid; and 6 (5) Include a plan to conduct outreach to eligible students to 7 provide the eligible students with information regarding the operation of the 8 program. 9 (c) This section shall not prevent a student who does not qualify for 10 a provisional admissions offer from applying for enrollment in a 11 participating institution through the participating institution's existing 12 admissions process. 13 (d) The Division of Higher Education may promulgate rules to implement 14 this subchapter. 15 16 § 6-60-1704. Duties of public school districts and open -enrollment 17 public charter schools. 18 (a) A public school district or open -enrollment public charter school 19 may opt to participate in the Arkansas Direct Admissions Program. 20 (b) A participating public school shall provide student data to the 21 Division of Higher Education that includes without limitation: 22 (1) Grade point average; 23 (2) Assessment scores; and 24 (3) Course completion. 25 (c)(1) Each public school district and open -enrollment public charter 26 school shall inform all students about participation in the Arkansas Direct 27 Admissions Program. 28 (2) A public school district or open -enrollment public charter 29 school shall not actively discourage or prohibit an eligible student from 30 participating in the Arkansas Direct Admissions Program. 31 32 SECTION 49. Arkansas Code Title 6, Chapter 61, Subchapter 1, is 33 amended to add an additional section to read as follows: 34 § 6-61-144. Purple Star Campuses. 35 (a) A state-supported institution of higher education that shows a 36 As Engrossed: S3/6/25 S3/12/25 SB246 65 03-12-2025 14:09:05 CRH173 significant commitment to serving students and families connected to the 1 United States Armed Forces may be designated as a Purple Star Campus. 2 (b) The Division of Higher Education may promulgate rules to implement 3 this section. 4 5 SECTION 50. Arkansas Code § 6 -61-201(a)-(c), concerning membership of 6 the Arkansas Higher Education Coordinating Board, are amended to read as 7 follows: 8 (a)(1) The Beginning May 1, 2025, the Arkansas Higher Education 9 Coordinating Board shall consist of twelve (12) seven (7) members appointed 10 by the Governor as follows: 11 (A)(i) Six (6) Four (4) members who shall be: 12 (a) Qualified electors of the State of 13 Arkansas; and 14 (b) Graduates of public two-year or four-year 15 state-supported institutions of higher education within the state. 16 (ii) If an appointee under this subdivision (a)(1)(A) 17 is serving as a member of a board of a two -year or four-year state-supported 18 institution of higher education at the time of appointment to the Arkansas 19 Higher Education Coordinating Board, the appointee shall relinquish his or 20 her membership on the board of the two -year or four-year state-supported 21 institution of higher education; and 22 (B)(i) Six (6) Three (3) members shall be selected from 23 business, industry, education, agriculturally related industry, and medical 24 services and shall not be current members of a board of a public two-year or 25 four-year state-supported institution of higher education. 26 (ii) At least one (1) of the appointees shall have a 27 strong interest in and commitment to economic and workforce development. 28 (iii) At least one (1) of the appointees shall have 29 experience in the knowledge -based technology field. 30 (2) No more than four (4) two (2) members of the Arkansas Higher 31 Education Coordinating Board shall be appointed from any one (1) 32 congressional district as the districts exist at the time of the appointment. 33 (b) Vacancies on the Arkansas Higher Education Coordinating Board 34 shall be filled for the unexpired terms, and the appointments shall be made 35 in the same manner as the positions vacated. 36 As Engrossed: S3/6/25 S3/12/25 SB246 66 03-12-2025 14:09:05 CRH173 (c)(1) The members of the Arkansas Higher Education Coordinating Board 1 shall serve staggered terms of six (6) years. 2 (2) The terms of two (2) members shall expire each year. 3 4 SECTION 51. Arkansas Code § 6 -61-202(a), concerning powers and duties 5 of the Arkansas Higher Education Coordinating Board, is amended to add 6 additional subdivisions to read as follows: 7 (8) Perform all other functions that may now or hereafter be 8 delegated to the Arkansas Higher Education Coordinating Board by law; and 9 (9) Promulgate rules to perform all duties and obligations to 10 implement this subchapter. 11 12 SECTION 52. Arkansas Code § 6 -61-231(b)(1), concerning the purpose of 13 the statewide transfer agreement, is amended to read as follows: 14 (b)(1) The purpose of this section is to eliminate obstacles to 15 transfers of credits among public state-supported institutions of higher 16 education in Arkansas by providing a seamless transfer of academic credits 17 from a completed designated transfer degree program or a completed state 18 minimum core curriculum to a baccalaureate degree program without the loss of 19 earned credits and without the receiving public state-supported institution 20 of higher education requiring additional lower -division general education 21 credits. 22 23 SECTION 53. Arkansas Code § 6 -61-231(c), concerning the statewide 24 transfer agreement developed by the Arkansas Higher Education Coordinating 25 Board, is amended to add an additional subdivision read as follows: 26 (6)(A) Provides for a reverse transfer agreement for a student 27 seeking an associate degree that transfers to a four -year state-supported 28 institution of higher education before earning an associate degree. 29 (B)(i) Except as provided in subsection (c)(6)(B)(ii), a 30 student shall be awarded an associate degree by the two -year state-supported 31 institution of higher education upon completing the degree requirements at 32 the four-year state-supported institution of higher education if the student 33 earned more than thirty (30) credit hours toward the associate degree at the 34 two-year state-supported institution of higher education. 35 (ii) A student eligible to receive an associate 36 As Engrossed: S3/6/25 S3/12/25 SB246 67 03-12-2025 14:09:05 CRH173 degree under subdivision (c)(6)(B)(i) of this section shall be: 1 (a) Notified in writing by the state -supported 2 institution of higher education awarding the associate degree that the 3 student is eligible to receive an associate degree; 4 (b) Provided an opportunity to decline the 5 award of the associate degree; 6 (c) Awarded the associate degree if the 7 student takes no action within thirty (30) days of being provided notice 8 under subdivision (c)(6)(B)(ii)(a) of this section; and 9 (d) Awarded the associate degree by the four -10 year state-supported institution of higher education if the student elects to 11 be awarded the associate degree by the four -year state-supported institution 12 of higher education upon completion of the degree requirements. 13 (C)(i) Except as provided in subdivision (c)(6)(B)(ii)(d), 14 a four-year state-supported institution of higher education shall: 15 (a) Identify each student who has completed at 16 least sixty (60) hours of academic credit and met the state core curriculum 17 requirements; and 18 (b) Forward a copy of the student's transcript 19 to the two-year state-supported institution of higher education. 20 (ii) If a student attended more than one (1) two -21 year state-supported institution of higher education, the student's 22 transcript shall be sent to the two -year state-supported institution of 23 higher education that provided the largest number of credit hours. 24 (iii) The two-year state-supported institution of 25 higher education shall notify the four -year state-supported institution of 26 higher education if the associate degree has been conferred. 27 (iv) Upon notification, the four -year state-28 supported institution of higher education is no longer required to forward 29 subsequent transcripts of the student at the completion of each term. 30 31 SECTION 54. Arkansas Code § 6 -61-231(d)(2)(B), concerning the 32 requirement of the Arkansas Higher Education Coordinating Board related to 33 the statewide transfer agreement to identify postsecondary career education 34 programs offered by two -year public institutions of higher education is 35 amended to read as follows: 36 As Engrossed: S3/6/25 S3/12/25 SB246 68 03-12-2025 14:09:05 CRH173 (B) Postsecondary career and technical education programs 1 offered by two-year public state-supported institutions of higher education, 2 including those designated as college -credit courses applicable toward a 3 certificate or degree; 4 5 SECTION 55. Arkansas Code § 6 -61-234 is amended to read as follows: 6 6-61-234. Productivity-based funding model. 7 (a)(1)(A) The Arkansas Higher Education Coordinating Board shall adopt 8 policies developed by the Division of Higher Education may promulgate rules 9 necessary to implement a productivity -based funding model for state -supported 10 institutions of higher education , including without limitation two -year and 11 four-year state-supported institutions of higher education . 12 (B) The board shall adopt separate policies for two -year 13 institutions of higher education and four -year institutions of higher 14 education. 15 (2) The policies rules adopted to implement a productivity -based 16 funding model for state -supported institutions of higher education shall 17 contain measures for effectiveness, affordability, and efficiency that 18 acknowledge the following priorities: 19 (A) Differences in institutional missions; 20 (B) Completion of students' educational goals; 21 (C) Progression toward students' completion of programs of 22 study; 23 (D) Affordability through: 24 (i) On-time completion of programs of study; 25 (ii) Limiting the number of excess credits earned by 26 students; and 27 (iii) Efficient allocation of resources; 28 (E)(i) Beginning in the 2026 -2027 academic year, 29 incorporation of a return on investment metric into the productivity -based 30 funding model. 31 (ii) The return on investment metric under 32 subdivision (a)(2)(E)(i) of this section shall be defined by rule of the 33 Division of Higher Education. 34 (iii) The Division of Higher Education shall ensure 35 that the return on investment metric required under subdivision (a)(2)(E)(i) 36 As Engrossed: S3/6/25 S3/12/25 SB246 69 03-12-2025 14:09:05 CRH173 of this section is aligned with state economic and workforce needs; 1 (E)(F) Institutional collaboration that encourages the 2 successful transfer of students; 3 (F)(G) Success in serving underrepresented students; and 4 (G)(H) Production of students graduating with credentials 5 in science, technology, engineering, mathematics, and high -demand fields that 6 align with statewide and regional workforce needs . 7 (3)(A) The Division of Higher Education may promulgate rules to 8 implement a funding formula to support noncredit programs at a state -9 supported institution of higher education. 10 (B) Funding for a noncredit program may come from the 11 following: 12 (i) General revenues authorized by law; and 13 (ii) Any other funds as provided by law . 14 (C) The Division of Higher Education shall consult with 15 the Governor's Workforce Cabinet during development of the funding formula 16 for the noncredit programs under subdivision (a)(3)(A) of this section. 17 (3)(4) The productivity-based funding model shall not determine 18 the funding needs of special units such as a medical school, a division of 19 agriculture, or system offices. 20 (b) The productivity -based funding model shall be: 21 (1) Used to align institutional funding with statewide 22 priorities for higher education by: 23 (A) Encouraging programs and services focused on student 24 success; and 25 (B) Providing incentives for progress toward statewide 26 goals; and 27 (2) Built around a set of shared principles that: 28 (A) Are embraced by state -supported institutions of higher 29 education; 30 (B) Employ appropriate productivity metrics; and 31 (C) Are aligned with goals and objectives for 32 postsecondary education attainment in this state. 33 (c)(1) The board Division of Higher Education shall use the 34 productivity-based funding model as the mechanism for recommending funding 35 for state-supported institutions of higher education. 36 As Engrossed: S3/6/25 S3/12/25 SB246 70 03-12-2025 14:09:05 CRH173 (2) The board Division of Higher Education shall recommend 1 funding for: 2 (A) State-supported institutions of higher education as a 3 whole; and 4 (B) The allocation of funding to each state -supported 5 institution of higher education. 6 (3) The board Division of Higher Education shall may make 7 separate recommendations for : 8 (A) two-year Two-year state-supported institutions of 9 higher education; and 10 (B) four-year Four-year state-supported institutions of 11 higher education. 12 (d) Funds unallocated to state -supported institutions of higher 13 education due to productivity declines shall be reserved by the division 14 Division of Higher Education to address statewide needs in higher education. 15 (e) The division Division of Higher Education shall review the 16 policies every five (5) years to ensure the productivity -based funding model 17 continues to respond to the needs and priorities of the state. 18 (f) In any fiscal year for which the aggregate general revenue funding 19 forecast to be available for state -supported institutions of higher education 20 is greater than two percent (2%) less than the amount provided for the 21 immediate previous fiscal year, the division shall not further implement the 22 productivity-based funding model until the following fiscal year. 23 24 SECTION 56. Arkansas Code § 6 -61-1010, concerning authority of the 25 Arkansas Higher Education Coordinating Board under the Technical College and 26 Community College Capital Improvement Act of 1993, is amended to add an 27 additional subsection to read as follows: 28 (f) The Arkansas Higher Education Coordinating Board may promulgate 29 rules to implement this subchapter. 30 31 SECTION 57. Arkansas Code § 6 -61-1402 is amended to read as follows: 32 6-61-1402. Courses included in common course numbering system. 33 (a)(1) The Arkansas Higher Education Coordinating Board, in 34 collaboration with all state -supported institutions of higher education, 35 shall develop and approve a statewide common course numbering system for 36 As Engrossed: S3/6/25 S3/12/25 SB246 71 03-12-2025 14:09:05 CRH173 lower-division general education courses found within the Arkansas Course 1 Transfer System. 2 (2)(b) A state-supported institution of higher education that is 3 not in full compliance with this subchapter shall not be eligible to accept 4 state aid from the Higher Education Grants Fund Account on behalf of a 5 student. 6 (b)(1) A course designated as an upper -division course level may be 7 offered by any four-year state-supported institution of higher education and 8 shall be characterized by a need for advanced academic preparation and skills 9 that a student would be unlikely to achieve without significant prior 10 coursework. 11 (2) Upper-division courses are not required to be included in 12 the common course numbering system. 13 (c) A course designated as a lower -division course level may be 14 offered by any state -supported institution of higher education. 15 (d) The common course numbering system shall include the thirty -five-16 hour general education core and major program prerequisites that are included 17 in the state minimum core curriculum under § 6 -61-231. 18 19 SECTION 58. Arkansas Code § 6-61-1403 is amended to read as follows: 20 6-61-1403. Additions or alterations. 21 (a) The Commissioner of the Division of Higher Education shall 22 recommend to the Arkansas Higher Education Coordinating Board any additions 23 or alterations to the common course numbering system. 24 (b) The board, with input from the Presidents Council, shall consider 25 the recommended additions and alterations to the common course numbering 26 system. 27 (c) The board may adopt or refuse to adopt suggested additions or 28 alterations to the common course numbering system. 29 Beginning with the 2026 -2027 academic year, the Division of Higher 30 Education, in collaboration with the Division of Elementary and Secondary 31 Education, shall: 32 (1) Make recommendations for additions and alterations to the 33 common course numbering system; and 34 (2) Review the common course numbering system to begin aligning 35 elementary and secondary courses. 36 As Engrossed: S3/6/25 S3/12/25 SB246 72 03-12-2025 14:09:05 CRH173 1 SECTION 59. Arkansas Code § 6 -61-1406 is amended to read as follows: 2 6-61-1406. Courses review. 3 (a) The Division of Higher Education , in consultation with the 4 Division of Elementary and Secondary Education, shall: 5 (1) Regularly schedule reviews of courses that are listed in the 6 common course numbering system; and 7 (2) Establish review procedures; and 8 (3) Adopt policies to carry out this section . 9 (b) The Division of Higher Education, in collaboration with the 10 Division of Elementary and Secondary Education, may promulgate rules to 11 implement this subchapter. 12 13 SECTION 60. Arkansas Code § 6 -63-104 is amended to read as follows: 14 6-63-104. Faculty performance review. 15 (a)(1) The president and chancellor of each state -supported 16 institution of higher education in Arkansas shall work with the campus 17 faculties to develop a framework to review faculty performance, including 18 post-tenure review. 19 (2)(A) The framework should be used to develop processes and 20 procedures at each state-supported institution to ensure a consistently high 21 level of performance of the faculty at Arkansas's publicly supported 22 institutions a state-supported institution of higher education. 23 (B) The effects of the review process of faculty 24 performance should include rewarding productive faculty, redirecting faculty 25 efforts to improve or to increase productivity, and correcting instances of 26 substandard performance. 27 (C) The framework developed by each state-supported 28 institution shall be reported to the House Committee on Education, the Senate 29 Committee on Education, the Joint Interim Oversight Committee on Education 30 Reform, and the Division of Higher Education no later than December 1, 1998 31 2025, and shall be implemented on the respective campuses no later than 32 January 1, 2001 2026. 33 (b)(1) Pursuant to subsection (a) of this section, each state -34 supported institution of higher education in Arkansas shall conduct a 35 rigorous, consistently applied, annual review of the performance of all full -36 As Engrossed: S3/6/25 S3/12/25 SB246 73 03-12-2025 14:09:05 CRH173 time faculty members. 1 (2) This review shall include assessments by peers, students, 2 and administrators and shall be utilized to ensure a consistently high level 3 of performance and serve in conjunction with other appropriate information as 4 a basis for decisions on promotion, salary increases, and job tenure. The 5 evaluation by students and administrative staff, shall be applicable to all 6 teaching faculty, full -time, part-time, and graduate teaching assistants and 7 shall include an assessment of the fluency in English of the faculty member 8 or graduate teaching assistant. This review shall not be used to demote a 9 tenured faculty member to a nontenured status. 10 (3) The review process may result in the following corrective 11 actions: 12 (A) Remedial training; 13 (B) Removal of tenure status; or 14 (C) Any other action permitted by the state -supported 15 institution of higher education’s review policy. 16 (4)(A) A state-supported institution of higher education may 17 require an immediate for cause review of a faculty member as described in 18 subsection (f) of this section. 19 (B) A tenured faculty member may appeal a state-supported 20 institution of higher education’s performance review decision in accordance 21 with the provisions set by the state -supported institution of higher 22 education in its faculty performance review framework. 23 (C) A state-supported institution of higher education 24 shall provide a tenured faculty member with appropriate due process. 25 (c)(1) Each college and university state-supported institution of 26 higher education shall continually make efforts to identify any English 27 fluency deficiencies of the teaching faculty and shall take reasonable 28 measures to assist deficient faculty members in becoming proficient in 29 English; however, the responsibility of acquiring the level of English 30 proficiency required for the faculty member's teaching, research, or service 31 assignments rests with the faculty member. 32 (2) Each college and university state-supported institution of 33 higher education shall have a process for addressing concerns raised by 34 students concerning language proficiency problems of faculty members. 35 (d)(1) The division A state-supported institution of higher education 36 As Engrossed: S3/6/25 S3/12/25 SB246 74 03-12-2025 14:09:05 CRH173 shall be responsible for monitoring the evaluation performance review process 1 and shall report its findings to the Arkansas Higher Education Coordinating 2 Board and to the Legislative Council by August 1 of each year of all faculty 3 members. 4 (2) The state-supported institution of higher education shall 5 report by August 1 each year to its governing board the number of: 6 (A) Tenure track positions; 7 (B) Faculty members with current tenure status; 8 (C) Faculty members that initially received tenure status; 9 (D) Faculty members with tenure status in which tenure was 10 reviewed that year; and 11 (E) Faculty members whose tenure status was: 12 (i) Maintained; 13 (ii) Conditionally maintained; and 14 (iii) Revoked. 15 (3) A copy of the report under subdivision (d)(2) of this 16 section shall be provided to the division and the Legislative Council. 17 (e) Each state-supported institution of higher education shall require 18 full-time faculty members of the college of education and related disciplines 19 to work collaboratively with the accredited public schools in this state, and 20 such faculty involvement shall be included as part of the annual review of 21 the faculty as required by subsection (b) of this section. 22 (f) A state-supported institution of higher education may require an 23 immediate review of a faculty member, including a faculty member with tenure, 24 at any time if the state -supported institution of higher education determines 25 that the faculty member has: 26 (1) Exhibited professional incompetence in the performance of 27 his or her mandatory job duties; 28 (2) Continually or repeatedly failed to perform duties or meet 29 professional responsibilities of the faculty member's position; 30 (3) Failed to successfully complete any post -tenure review 31 professional development program; 32 (4) Violated laws or policies of a university system or a state -33 supported institution of higher education that are substantially related to 34 the performance of the faculty member's duties; 35 (5) Been convicted of a crime affecting the fitness of the 36 As Engrossed: S3/6/25 S3/12/25 SB246 75 03-12-2025 14:09:05 CRH173 faculty member to engage in teaching, research, service, outreach, or 1 administration; 2 (6) Engaged in unprofessional conduct that adversely affects the 3 state-supported institution of higher education or the faculty member's 4 performance of duties or meeting of responsibilities; 5 (7) Falsified the faculty member's academic credentials; or 6 (8) Met any other for cause justification as defined in the 7 state-supported institution of higher education's review policy. 8 (g) This section shall not affect the ability of a state -supported 9 institution of higher education to terminate or take other action against a 10 nontenured or at-will faculty member in accordance with the policies of the 11 state-supported institution of higher education . 12 13 SECTION 61. Arkansas Code § 6 -80-105 is amended to read as follows: 14 6-80-105. Student financial aid — Scholarship stacking — Definitions. 15 (a) As used in this section: 16 (1) “Cost of attendance” means the recognized cost of attendance 17 of an institution of higher education calculated under rules established by 18 the Division of Higher Education amount reported as the cost of attendance by 19 an institution of higher education to the Division of Higher Education 20 through the Integrated Postsecondary Education Data System ; 21 (2) “Federal aid” means scholarships or grants awarded to a 22 student as a result of the Free Application for Federal Student Aid, 23 excluding the Pell Grant; 24 (3) “Other aid” means a scholarship, grant, waiver, or 25 reimbursement for tuition, fees, books, or other cost of attendance, other 26 than federal aid or state aid, provided to a student from a postsecondary 27 institution or a private source; 28 (4) “State aid” means scholarships or grants awarded to a 29 student from public funds, including without limitation the Arkansas Academic 30 Challenge Scholarship under § 6 -85-201 et seq., the Division of Higher 31 Education division's scholarship and grant programs, state general revenues, 32 tuition, and local tax revenue; and 33 (5)(A) “Student aid package” means federal aid, state aid, and 34 other aid a student receives for postsecondary education expenses. 35 (B) “Student aid package” does not include federal aid, 36 As Engrossed: S3/6/25 S3/12/25 SB246 76 03-12-2025 14:09:05 CRH173 state aid, or other aid received by a student who is: 1 (i) An active member of the United States Armed 2 Forces; 3 (ii) An active member of the National Guard; 4 (iii) A member of the reserve components of the 5 armed forces; or 6 (iv) The spouse of a person under subdivision 7 (a)(5)(B)(i), subdivision (a)(5)(B)(ii), or subdivision (a)(5)(B)(iii) of 8 this section. 9 (b)(1) The federal cost of attendance method shall be used for all 10 students receiving state aid, regardless of whether a student is receiving 11 federal aid. 12 (2)(A) Costs that would not be included in the federal cost of 13 attendance shall not be included in the package for a student who receives 14 state aid. 15 (B) Exceptions to the normal federal cost of attendance 16 allowances as set forth in federal regulations may be included in the cost of 17 attendance calculations. 18 (C) Institutional work study is not included in cost of 19 attendance unless the institutional work study is need -based. 20 (3) A postsecondary institution shall not award state aid in a 21 student aid package in excess of the cost of attendance at the institution 22 where the student enrolls. 23 (2) For the purpose of stacking scholarships in a student's 24 student aid package, the Arkansas Academic Challenge Scholarship under § 6 -25 85-201 et seq. shall be reduced or returned first. 26 (4) A two-year private postsecondary institution of higher 27 education shall not award state aid in a student aid package at a cost 28 greater than any two -year state-supported institution of higher education. 29 (5) A four-year private postsecondary institution of higher 30 education shall not award state aid in a student aid package at a cost 31 greater than any four -year state-supported institution of higher education. 32 (6) An institution of higher education shall award aid in the 33 following order: 34 (A) The Arkansas Academic Challenge Scholarship; 35 (B) Any other state scholarship program, excluding the 36 As Engrossed: S3/6/25 S3/12/25 SB246 77 03-12-2025 14:09:05 CRH173 Arkansas Future Grant Program, Arkansas Teacher Academy Scholarship Program, 1 and Arkansas National Guard Tuition Waiver Program; 2 (C) The Arkansas Future Grant Program, Arkansas Teacher 3 Academy Scholarship Program, or Arkansas National Guard Tuition Waiver 4 Program; and 5 (D) Institutional aid. 6 (c) A postsecondary institution shall report to the division , no later 7 than September 30 of each year, the total amount of federal aid, state aid, 8 and other aid a student receives if the student receives an award from a 9 division scholarship or grant program, including the Arkansas Academic 10 Challenge Scholarship under § 6 -85-201 et seq. 11 (d)(1) When a student receives a student aid package that includes 12 state aid and the student aid package exceeds the cost of attendance, the 13 postsecondary institution shall repay state aid in the amount exceeding the 14 cost of attendance, starting with state aid received under the Arkansas 15 Academic Challenge Scholarship under § 6 -85-201 et seq utilizing the stacking 16 order under subdivision (b)(6) of this section . 17 (2) The division shall credit the excess state aid funds to the 18 appropriate division fund or trust account. 19 (e) A student awarded state aid shall disclose all state aid, federal 20 aid, and other aid to: 21 (1) The division if the division awards state aid to the 22 student; and 23 (2) A postsecondary institution that awards state aid or other 24 aid to the student. 25 (f) Except as otherwise provided by federal law, federal aid will be 26 applied before state aid governed by this section. 27 28 SECTION 62. Arkansas Code Title 6, Chapter 80, Subchapter 1, is 29 amended to add an additional section to read as follows: 30 6-80-110. Utilization of the Classic Learning Test. 31 (a) A state-supported institution of higher education shall accept the 32 Classic Learning Test (CLT) examination to the same extent the state -33 supported institution of higher education accepts the ACT test and the SAT 34 test. 35 (b)(1) Subsection (a) of this section shall apply to admissions 36 As Engrossed: S3/6/25 S3/12/25 SB246 78 03-12-2025 14:09:05 CRH173 criteria and eligibility criteria for state -funded financial assistance 1 programs. 2 (2) Subsection (a) of this section does not apply to 3 institutional assistance programs. 4 5 SECTION 63. Arkansas Code Title 6, Chapter 80, is amended to add an 6 additional subchapter to read as follows: 7 Subchapter 2 — Residency Classification for State-funded Scholarships at 8 State-Supported Institutions of Higher Education 9 10 6-80-201. Title. 11 This subchapter shall be known and may be cited as the “Residency 12 Classification for State-funded Scholarships at State-Supported Institutions 13 of Higher Education”. 14 15 6-80-202. Residency classification for state -funded scholarships 16 administered by Division of Higher Education. 17 (a)(1) In making decisions about the residency classification or 18 reclassification of a student for state-funded scholarship purposes, unless 19 otherwise specified by statute, a student shall be classified as an in -state 20 resident for state-funded scholarship purposes only if the student: 21 (A) Will graduate or has graduated from an Arkansas public 22 school, private school, or home school within nine (9) months of enrolling in 23 the state-supported institution of higher education; or 24 (B) Established legal residency in Arkansas by: 25 (i) Meeting the requirements of rules promulgated by the 26 Division of Higher Education; and 27 (ii) Being physically present in Arkansas for at least six 28 (6) continuous months with the intent to remain in Arkansas . 29 (2) Mere physical presence in Arkansas is not sufficient to 30 establish residency or demonstrate future intent under subdivision (a)(1)(B) 31 of this section. 32 (3) A student who claims in -state residency for purposes of 33 state-funded scholarship eligibility but receives Free Application for 34 Federal Student Aid (FAFSA) verification that he or she is not an in -state 35 resident shall have his or her state-funded scholarship amount reduced or 36 As Engrossed: S3/6/25 S3/12/25 SB246 79 03-12-2025 14:09:05 CRH173 rescinded to reflect the change in residency status. 1 (b) A member of the United States Armed Forces who is stationed in 2 Arkansas under military orders, along with his or her dependents, is entitled 3 to classification as an in -state resident for state-funded scholarship 4 purposes. 5 6 6-80-203. Duties and responsibilities of students. 7 (a)(1) It is the responsibility of each student, at the time of 8 registration, to seek the proper residency classification for state-funded 9 scholarship purposes. 10 (2) A participating state -supported institution of higher 11 education shall have a process for a student to appeal a residency 12 classification for state -funded scholarship purposes 13 (b)(1) A student who knowingly gives false information to establish 14 residency classification for state -funded scholarship purposes shall be 15 subject to dismissal by the state -supported institution of higher education. 16 (2) An initial classification as an out -of-state student shall 17 not limit the right of a student to be reclassified later as a resident of 18 Arkansas for state-funded scholarship purposes provided that the student can 19 establish proof of legal residence in Arkansas. 20 21 SECTION 64. Arkansas Code § 6 -81-604(6), concerning the grade point 22 average required for grant recipients under the Teacher Opportunity Program, 23 is amended to read as follows: 24 (6) Grant recipients shall maintain a cumulative grade point 25 average in their college work of no less than 2.5 on a 4.0 scale or maintain 26 an appropriate equivalent as determined by the Division of Higher Education. 27 28 SECTION 65. Arkansas Code § 6 -81-605 is amended to read as follows: 29 6-81-605. Grants — Priority. 30 (a)(1) The first priority for the award of funds under the Teacher 31 Opportunity Program is the award of reimbursements for additional education 32 in: 33 (A) Science, technology, engineering, or mathematics 34 fields; 35 (B) Computer science; 36 As Engrossed: S3/6/25 S3/12/25 SB246 80 03-12-2025 14:09:05 CRH173 (C) Literacy or reading; 1 (D) Prekindergarten education; or 2 (E) Special education. 3 (2) If funds are available after all awards are made under 4 subdivision (a)(1) of this section, then additional reimbursements awards may 5 be made in accordance with the following: 6 (A)(i) A teacher may receive an award if seeking dual 7 licensure in an additional subject area different from the subject area in 8 which the teacher is currently teaching, if he or she does not have a current 9 license for the additional subject area. 10 (ii) The amount of the award and the number of 11 recipients selected by the Division of Higher Education is contingent on the 12 appropriation and availability of funding for that purpose; 13 (B)(i) A student may receive reimbursements up to but not 14 in excess of the cost of his or her student fees, books, and instructional 15 supplies at the public institution of higher education in this state 16 assessing the highest rate of student fees an award that shall not exceed the 17 cost of tuition and fees required to complete six (6) semester credit hours 18 per academic year. 19 (ii) For purposes of award disbursement under 20 subdivision (a)(2)(B)(i) of this section, an academic year begins in the fall 21 semester and runs through the summer semester ; 22 (B) The reimbursements made to one (1) student within one 23 (1) fiscal year may not exceed the costs associated with six (6) semester 24 credit hours or the equivalent of six (6) semester credit hours; and 25 (C) All other requirements established by the Division of 26 Higher Education are met. 27 (b)(1) The Division of Higher Education shall determine priorities for 28 awarding reimbursements awards if there are more applicants than funds 29 available. 30 (2) Priorities shall be determined in coordination with the 31 Division of Elementary and Secondary Education and shall be based on the 32 needs of the state. 33 34 SECTION 66. Arkansas Code § 6 -81-607(3), concerning the definition of 35 "student" under the Teacher Opportunity Program, is amended to add an 36 As Engrossed: S3/6/25 S3/12/25 SB246 81 03-12-2025 14:09:05 CRH173 additional subdivision to read as follows: 1 (F) Any other subject matter as determined by the 2 division. 3 4 SECTION 67. Arkansas Code §§ 6 -81-608 and 6-81-609 are repealed. 5 6-81-608. Dual Licensure Incentive Program. 6 (a) There is created the Dual Licensure Incentive Program to encourage 7 classroom teachers currently employed by school districts in the state to 8 return to college to obtain licensure in one (1) or more additional subject 9 areas. 10 (b) The program shall be administered by the Division of Higher 11 Education. 12 (c)(1) A classroom teacher returning to college as a student may 13 receive a reimbursement not to exceed the cost of student fees, books, and 14 instructional supplies. 15 (2) The student fee reimbursement amount shall be based on the 16 student fees of the state -supported institution of higher education that 17 assesses the highest rate of student fees in this state. 18 (d) The reimbursement made to a classroom teacher returning to college 19 as a student in one (1) fiscal year may not exceed the cost associated with 20 six (6) semester credit hours or the equivalent of six (6) semester credit 21 hours. 22 23 6-81-609. Dual licensure funding. 24 (a)(1)(A) A classroom teacher employed by a school district in the 25 state may receive a reimbursement from the Dual Licensure Incentive Program 26 if the classroom teacher returns to an approved institution of higher 27 education to obtain licensure in an additional subject area: 28 (i) Declared to be a shortage area by the Division 29 of Elementary and Secondary Education; 30 (ii) That the classroom teacher is currently teaching 31 but for which he or she does not have a licensure; or 32 (iii) And grade level in which the school district 33 has requested a waiver under § 6 -17-309. 34 (B)(i) A reimbursement from the Dual Licensure Incentive 35 Program shall include funding for the cost of tuition, books, and fees not to 36 As Engrossed: S3/6/25 S3/12/25 SB246 82 03-12-2025 14:09:05 CRH173 exceed three thousand dollars ($3,000) each college year. 1 (ii) The amount of the reimbursement and the number 2 of reimbursement recipients selected by the Division of Higher Education is 3 contingent on the appropriation and availability of funding for such a 4 purpose. 5 (2) To be eligible for a reimbursement under the Dual Licensure 6 Incentive Program, the person shall be: 7 (A) Employed as a classroom teacher for no less than three 8 (3) years of teaching immediately preceding the application; and 9 (B) Accepted for enrollment in a classroom teacher 10 education program that will lead to a licensure to teach in a subject area 11 that: 12 (i) Is different from the classroom teacher's 13 current area of licensure; and 14 (ii) Either: 15 (a) Has been identified as a subject area with 16 a shortage of classroom teachers as declared by the Division of Elementary 17 and Secondary Education; or 18 (b) Is in the grade level and subject matter 19 area for which the school district has requested a waiver under § 6 -17-309. 20 (b)(1) The Arkansas Higher Education Coordinating Board shall 21 promulgate rules as necessary to implement the Dual Licensure Incentive 22 Program. 23 (2) The number of classroom teacher participants each year shall 24 be determined by the amount of funding available for the Dual Licensure 25 Incentive Program and the limitations set under this section. 26 27 SECTION 68. Arkansas Code § 6 -82-108(e), concerning funding of the 28 Academic Support Scholarship with certain remaining funds, is amended to read 29 as follows: 30 (e) A scholarship under this section shall be funded with any funds 31 remaining after the division allocates sufficient funding to award Arkansas 32 Academic Challenge Scholarships under § 6 -85-201 et seq., Arkansas Workforce 33 Challenge Scholarships under § 6 -85-301 et seq., and Arkansas Concurrent 34 Challenge Scholarships under § 6 -85-401 et seq ACCESS to Acceleration 35 Scholarships under § 6 -85-701 et seq. 36 As Engrossed: S3/6/25 S3/12/25 SB246 83 03-12-2025 14:09:05 CRH173 1 SECTION 69. Arkansas Code § 6 -82-302 is amended to read as follows: 2 6-82-302. Definitions. 3 As used in this subchapter, unless the context otherwise requires: 4 (1) “Academic ability” means the intellectual standing of a 5 student. In determining superior academic ability, the Division of Higher 6 Education shall examine the student's high school records, competitive 7 examination scores, and demonstrated leadership capabilities; 8 (2) “Approved institution” means a public state-supported 9 institution of higher education or private college or university: 10 (A) Which is dedicated to educational purposes, located in 11 Arkansas, or located out of state and educating Arkansas residents in 12 dentistry, optometry, veterinary medicine, podiatry, chiropractic, or 13 osteopathy under agreement with the Southern Regional Education Board, 14 accredited by an accrediting agency certified and recognized by the United 15 States Department of Education or the Division of Agency Evaluation and 16 Institutional Accreditation, or a school giving satisfactory assurance that 17 it has the potential for accreditation and is making progress which, if 18 continued, will result in its achieving accreditation professional programs 19 not offered in the state under the Arkansas Health Education Grant Program ; 20 (B) Which does not discriminate in the admission of 21 students on the basis of race, color, religion, sex, or national origin; and 22 (C) Which subscribes to the principle of academic freedom; 23 (3) “Competitive examination” means a standardized examination 24 measuring achievement which is administered annually on a specified date and 25 at a specified location and which is announced publicly; 26 (4) “Eligible student” means a legal resident of the State of 27 Arkansas as defined by the Division of Higher Education who: 28 (A) Is eligible for admission as a full -time student; 29 (B) Declares an intent to matriculate in an approved 30 institution in Arkansas; and 31 (C) Graduates from: 32 (i) A a high school in this state , for Arkansas 33 Governor's Scholars; or 34 (ii) A high school, for Arkansas Governor's 35 Distinguished Scholars ; 36 As Engrossed: S3/6/25 S3/12/25 SB246 84 03-12-2025 14:09:05 CRH173 (5) "Exemplary academic achievement" means a student that 1 achieves exemplary performance, as determined by the division, based on one 2 (1) or more of the following: 3 (A) SAT, CLT, or ACT; 4 (B) High school grade point average; 5 (C) High school rank upon graduation; 6 (D) Associate degree upon graduation from high school; and 7 (E) Being a recipient of a diploma of distinction; 8 (5)(A)(6)(A) “Extraordinary academic ability” means: 9 (i) Achievement of a superscore, as defined by § 6 -10 85-204, of 32 or above on the ACT or a score of 1410 or above on the SAT; and 11 (ii) Either: 12 (a) For students graduating from high school 13 after December 31, 2001, A student graduating from high school with an 14 achievement of a high school grade point average of 3.5 or above on a 4.0 15 scale; or 16 (b) Selection as a finalist in either the 17 National Merit Scholarship competition, the National Hispanic Recognition 18 Program, or the National Achievement Scholarship competition conducted by the 19 National Merit Scholarship Corporation . 20 (B) For students graduating after December 31, 2001, the 21 The ACT superscores and SAT scores shall be earned by December 31 February 28 22 prior to the application deadline in order for the scores to be considered by 23 the Division of Higher Education division for a scholarship award; 24 (6)(7) “Full-time student” means a legal resident of Arkansas 25 who is in attendance at an approved private or public institution and who is 26 enrolled in at least twelve (12) credit hours the first semester and fifteen 27 (15) hours thereafter, or other reasonable academic equivalent as defined by 28 the Division of Higher Education division; 29 (7)(8) “Scholarship” means an award to an eligible student for 30 matriculation in an approved institution in the State of Arkansas; and 31 (8)(9) “Undergraduate student” means an individual who is 32 enrolled in a postsecondary educational program which leads to or is directly 33 creditable toward the individual's first baccalaureate degree. 34 35 SECTION 70. Arkansas Code § 6 -82-306, concerning eligibility under the 36 As Engrossed: S3/6/25 S3/12/25 SB246 85 03-12-2025 14:09:05 CRH173 Arkansas Governor's Scholars Program, is amended to add additional 1 subsections to read as follows: 2 (e) An Arkansas Governor’s Scholar shall be chosen based on a student 3 who: 4 (1) Graduates with a diploma of distinction based on criteria 5 determined by the State Board of Education; or 6 (2) Earns an associate degree upon completing the summer term 7 immediately following graduation from high school. 8 (f) An Arkansas Governor's Scholar shall be chosen based on a student 9 exhibiting the highest exemplary academic achievement if: 10 (1) There are no recipients of the Arkansas Governor's 11 Distinguished Scholarship; or 12 (2) An Arkansas Governor's Scholar under subsection (e) of this 13 section is not chosen in any given Arkansas county. 14 15 SECTION 71. Arkansas Code § 6 -82-310, concerning the use of funds 16 under the Arkansas Governor's Scholars Program, is amended to add an 17 additional subsection to read as follows: 18 (c) In the event the number of students who qualify for a scholarship 19 under this subchapter during an academic year exceeds the amount of funds 20 appropriated to the Higher Education Grants Fund Account for purposes of 21 funding students who qualify for a scholarship under this subchapter during 22 the given academic year, the excess awards that qualify for distribution 23 under this subchapter shall be funded with any net proceeds from the state 24 lottery remaining after the Division of Higher Education allocates sufficient 25 funding to award the following scholarships at levels equivalent to the 26 awards made in the previous academic year: 27 (1) Arkansas Academic Challenge Scholarship, § 6 -85-201 et seq.; and 28 (2) Arkansas Workforce Challenge Scholarship, § 6 -85-301 et seq. 29 30 SECTION 72. Arkansas Code Title 6, Chapter 82, Subchapter 5, is 31 repealed. 32 Subchapter 5 — Children of Law Enforcement Officers, Etc. 33 34 6-82-501. Definitions. 35 As used in this subchapter: 36 As Engrossed: S3/6/25 S3/12/25 SB246 86 03-12-2025 14:09:05 CRH173 (1) “Child” or “children” means any natural child, adopted 1 child, or stepchild who is eligible under § 6 -82-504; 2 (2) “Division of Community Correction employee” means any 3 employee of the Division of Community Correction who suffers fatal injuries 4 or wounds or becomes permanently and totally disabled as a result of injuries 5 or wounds that occurred through contact with parolees, probationers, or 6 center residents; 7 (3)(A) “Emergency medical services personnel” means an 8 individual licensed by the Department of Health at any level established by 9 the rules adopted by the State Board of Health under the Emergency Medical 10 Services Act, § 20-13-201 et seq., and authorized to perform those services 11 set forth in the rules. 12 (B) This shall include without limitation an emergency 13 medical technician, advanced emergency medical technician, paramedic, 14 emergency medical services instructor, or emergency medical services 15 instructor trainer; 16 (4) “Firefighter” means any firefighter employed on a full -time 17 or volunteer duty status while actually engaged in the performance of his or 18 her duties; 19 (5) “Law enforcement officer” means a: 20 (A) Constable, which includes all duly elected constables 21 of any beat of any county within the state while actually engaged in the 22 performance of their duties concerning the criminal laws of the county and 23 state; 24 (B) Game warden, which includes all appointed game wardens 25 employed by the State of Arkansas on a full -time duty status while actually 26 engaged in their duties concerning the game laws of this state; 27 (C) Municipal and college or university police officer, 28 which includes all law enforcement officers of any municipality, college, or 29 university who are regular duty personnel on full -time status and does not 30 include auxiliary officers or those serving on a temporary or part -time 31 status; 32 (D) Sheriff or deputy sheriff, which includes all law 33 enforcement officers of full -time status on a regular basis serving the 34 sheriff's department of any county but does not include deputy sheriffs who 35 are engaged in administrative or civil duty or deputy sheriffs serving in a 36 As Engrossed: S3/6/25 S3/12/25 SB246 87 03-12-2025 14:09:05 CRH173 temporary capacity or part -time basis; and 1 (E) State highway patrolman, which includes any law 2 enforcement officer, regardless of department or bureau, of the Division of 3 Arkansas State Police; 4 (6) “State correction employee” means any employee of the 5 Division of Correction or the Arkansas Correctional School District who 6 becomes subject to injury through contact with inmates or parolees of the 7 Division of Correction; 8 (7) “State forestry employee” means an employee of the Arkansas 9 Forestry Commission who is actively engaged in his or her duties of fighting 10 forest fires; 11 (8) “State highway employee” means any employee of the Arkansas 12 Department of Transportation who actively engages in highway maintenance, 13 construction, or traffic operations on the roadways and bridges of the state 14 highway system while the roadways and bridges are open for use by the 15 traveling public; 16 (9) “State parks employee” means any employee of the Department 17 of Parks, Heritage, and Tourism who is a commissioned law enforcement officer 18 or emergency response employee while actively engaged in the performance of 19 his or her duties; and 20 (10) “Teacher” means any person employed by a public school for 21 the purpose of giving instruction and whose employment requires state 22 certification. 23 24 6-82-502. Rules. 25 The Arkansas Higher Education Coordinating Board is directed and 26 empowered to promulgate rules as necessary to administer benefits awarded 27 under this subchapter by the Arkansas State Claims Commission. 28 29 6-82-503. Entitlement. 30 (a) If any Arkansas law enforcement officer, full -time or volunteer 31 firefighter, emergency medical technician, state highway employee, state 32 correction employee, Division of Community Correction employee, state parks 33 employee, teacher, or state forestry employee suffers fatal injuries or 34 wounds or becomes permanently and totally disabled as a result of injuries or 35 wounds that occurred in the performance of a hazardous duty within the scope 36 As Engrossed: S3/6/25 S3/12/25 SB246 88 03-12-2025 14:09:05 CRH173 of his or her employment or that occurred en route to or returning from a 1 location where a hazardous situation existed, his or her children and spouse 2 shall be entitled to a total of eight (8) semesters, or the equivalent 3 thereof, of scholarship awards without cost, exclusive of books, food, school 4 supplies, materials, and dues or fees for extracurricular activities, at any 5 state-supported college, university, or technical institute of his or her 6 choice within this state. Up to four (4) semesters, or the equivalent 7 thereof, may be taken at a technical institute. 8 (b) Scholarship benefits shall not accrue under this subchapter to any 9 person if the wounds or injuries suffered by any 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 are self -inflicted or if the 13 death is self-induced. 14 (c) Unless § 6-82-504(e) is applicable, the Arkansas State Claims 15 Commission shall award any scholarship benefit provided by this subchapter at 16 the same time that any death benefit or total and permanent disability 17 benefit is awarded by the commission under the provisions of § 21 -5-701 et 18 seq. 19 20 6-82-504. Awards to children. 21 (a) In order for a natural child to be eligible to receive a 22 scholarship benefit: 23 (1) The child must have been born prior to the date of the death 24 or total and permanent disability of the law enforcement officer, 25 firefighter, emergency medical technician, state highway employee, state 26 correction employee, Division of Community Correction employee, state parks 27 employee, teacher, or state forestry employee; or 28 (2) 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 or the spouse of the law enforcement officer, firefighter, 32 emergency medical technician, state highway employee, state correction 33 employee, Division of Community Correction employee, state parks employee, 34 teacher, or state forestry employee must have been pregnant with the child at 35 the time of the death or total and permanent disability of the law 36 As Engrossed: S3/6/25 S3/12/25 SB246 89 03-12-2025 14:09:05 CRH173 enforcement officer, firefighter, emergency medical technician, state highway 1 employee, state correction employee, Division of Community Correction 2 employee, state parks employee, teacher, or state forestry employee. 3 (b) In order for an adopted child to be eligible to receive a 4 scholarship benefit: 5 (1) The child must have been adopted prior to the date of the 6 death or total and permanent disability of the law enforcement officer, 7 firefighter, emergency medical technician, state highway employee, state 8 correction employee, Division of Community Correction employee, state parks 9 employee, teacher, or state forestry employee; or 10 (2) The child's adoption process must have begun prior to the 11 date of the death or total and permanent disability of the law enforcement 12 officer, firefighter, emergency medical technician, state highway employee, 13 state correction employee, Division of Community Correction employee, state 14 parks employee, teacher, or state forestry employee. 15 (c) In order for a stepchild under nineteen (19) years of age to be 16 eligible to receive a scholarship benefit: 17 (1) The stepchild must have been listed as a dependent on the 18 federal and state income tax returns of the law enforcement officer, 19 firefighter, emergency medical technician, state highway employee, state 20 correction employee, Division of Community Correction employee, state parks 21 employee, teacher, or state forestry employee in each of the five (5) income 22 years immediately prior to the date of the death or total and permanent 23 disability of the law enforcement officer, firefighter, emergency medical 24 technician, state highway employee, state correction employee, Division of 25 Community Correction employee, state parks employee, teacher, or state 26 forestry employee; and 27 (2) The stepchild must have received more than one -half (½) of 28 his or her financial support from the law enforcement officer, firefighter, 29 emergency medical technician, state highway employee, state correction 30 employee, Division of Community Correction employee, state parks employee, 31 teacher, or state forestry employee in each of the five (5) income years 32 immediately prior to the date of the death or total and permanent disability 33 of the law enforcement officer, firefighter, emergency medical technician, 34 state highway employee, state correction employee, Division of Community 35 Correction employee, state parks employee, teacher, or state forestry 36 As Engrossed: S3/6/25 S3/12/25 SB246 90 03-12-2025 14:09:05 CRH173 employee. 1 (d) In order for a stepchild nineteen (19) years of age or older to be 2 eligible to receive a scholarship benefit: 3 (1) The stepchild must have been listed as a dependent on the 4 federal and state income tax returns of the law enforcement officer, 5 firefighter, emergency medical technician, state highway employee, state 6 correction employee, Division of Community Correction employee, state parks 7 employee, teacher, or state forestry employee in each of five (5) income 8 years during the eight (8) years immediately prior to the date of the death 9 or total and permanent disability of the law enforcement officer, 10 firefighter, emergency medical technician, state highway employee, state 11 correction employee, Division of Community Correction employee, teacher, 12 state parks employee, or state forestry employee; and 13 (2) The stepchild must have received more than one -half (½) of 14 his or her financial support from the law enforcement officer, firefighter, 15 emergency medical technician, state highway employee, state correction 16 employee, Division of Community Correction employee, state parks employee, 17 teacher, or state forestry employee in each of five (5) income years during 18 the eight (8) years immediately prior to the date of the death or total and 19 permanent disability of the law enforcement officer, firefighter, emergency 20 medical technician, state highway employee, state correction employee, 21 Division of Community Correction employee, state parks employee, teacher, or 22 state forestry employee. 23 (e) If the covered public employee or his or her heirs did not file 24 for the available death or disability benefit, but were otherwise eligible to 25 receive, within the time frame provided in § 21 -5-703, then the covered 26 public employee's child or children who would have otherwise been eligible to 27 receive the provided educational scholarship benefit under this section may 28 individually file prior to their twenty -first birthdays a claim to receive 29 the provided educational scholarship benefit. 30 31 6-82-505. Limits for scholarship. 32 (a) No child will be entitled to receive benefits under this 33 subchapter during any semester or quarter when the child has reached twenty -34 three (23) years of age on or before the first day of the semester or 35 quarter. 36 As Engrossed: S3/6/25 S3/12/25 SB246 91 03-12-2025 14:09:05 CRH173 (b) No spouse will be eligible for the education benefit if he or she 1 remarries. The benefit will cease at the end of the semester at which the 2 spouse is currently enrolled at the time of the marriage. 3 4 6-82-506. Written application for benefits. 5 Any person claiming benefits awarded by the Arkansas State Claims 6 Commission under the provisions of this subchapter shall make written 7 application with the Division of Higher Education on forms provided by the 8 division. 9 10 6-82-507. Renewal of scholarship. 11 To retain eligibility for a scholarship benefit under this subchapter, 12 a recipient shall: 13 (1) Maintain a minimum of a 2.0 grade point average on a 4.0 14 scholastic grading scale; and 15 (2) Meet any other continuing eligibility criteria established 16 by the Division of Higher Education. 17 18 SECTION 73. Arkansas Code § 6 -82-601(i)(3), concerning funding by 19 certain scholarships related to tuition waivers for dependents of certain 20 veterans, is amended to read as follows: 21 (3) Arkansas Concurrent Challenge Scholarship, § 6 -85-401 et seq 22 ACCESS to Acceleration Scholarship, § 6 -85-701 et seq. 23 24 SECTION 74. Arkansas Code § 6 -82-1802(c), concerning continuing 25 eligibility under the Arkansas Future Grant Program, is amended to read as 26 follows: 27 (c) A student may continue to be eligible until the student has: 28 (1) Received the grant for five (5) academic semesters a maximum 29 of seventy-five (75) course credit hours in which the student is enrolled ; 30 (2) Obtained an associate degree; or 31 (3) Failed to maintain satisfactory academic progress, as 32 determined by the approved institution of higher education in which the 33 student is enrolled; or 34 (4) Failed to complete the mentoring or community service 35 requirements under § 6 -82-1804. 36 As Engrossed: S3/6/25 S3/12/25 SB246 92 03-12-2025 14:09:05 CRH173 1 SECTION 75. Arkansas Code § 6 -82-1803(a)(1), concerning distribution 2 of the Arkansas Future Grant Program, is amended to read as follows: 3 (a)(1) An Arkansas Future Grant shall be in: 4 (A) Distributed in accordance with the Division of Higher 5 Education's stacking policy under § 6 -80-105; and 6 (B) In an amount equal to the tuition, fees, and other 7 charges incurred by a student who meets the requirements under § 6 -82-1802 to 8 attend an approved institution of higher education less the amount the 9 student receives in: 10 (A) State-supported student financial assistance; 11 (B) Federal student financial assistance; and 12 (C) Private scholarships . 13 14 SECTION 76. Arkansas Code § 6 -82-1804(a), concerning the written 15 agreement requirements for a recipient of an Arkansas Future Grant, is 16 amended to read as follows: 17 (a)(1) A student who receives an Arkansas Future Grant shall enter 18 into a written agreement with the Division of Higher Education to : 19 (1)(A) Receive monthly mentoring from a mentor from an 20 organization determined by the Division of Higher Education. 21 (B) A mentor under subdivision (a)(1)(A) of this section 22 shall: 23 (i) Receive annual mentoring training: 24 (a) Developed by the Division of Higher 25 Education; and 26 (b) Provided by a local volunteer group 27 approved by the Division of Higher Education; and 28 (ii) Certify to the Division of Higher Education 29 that at least one (1) time each semester the mentor has provided mentoring 30 services by telephone, email, or in person to each student he or she is 31 mentoring; 32 (2)(A) Complete at least ten (10) hours of community service 33 each semester the student receives a grant. 34 (B)(i) A student may select a community service project 35 that meets requirements developed by the Division of Higher Education. 36 As Engrossed: S3/6/25 S3/12/25 SB246 93 03-12-2025 14:09:05 CRH173 (ii) An approved institution of higher education may 1 provide community services opportunities designed to benefit the approved 2 institution of higher education community or the broader local community. 3 (C) A student shall certify his or her community service 4 to the approved institution of higher education by the last regular day of 5 the semester the student received the grant; and 6 (3)(A) Reside reside in this state for three (3) consecutive 7 years six (6) months and be employed beginning within six (6) months after 8 receiving an associate degree or a certification. 9 (B)(2) The Division of Higher Education may defer the 10 requirement under subdivision (a)(3)(A) subdivision (a)(1) of this section 11 if: 12 (i)(A) The Division of Higher Education, in 13 consultation with the Division of Workforce Services, determines that there 14 was no employment position available that would reasonably enable the student 15 to meet this requirement; or 16 (ii)(B) Special circumstances as determined by the 17 Division of Higher Education exist. 18 (C)(3) After the period of deferral, the student shall 19 begin or resume working in this state or become subject to repayment under 20 subsection (b) of this section. 21 22 SECTION 77. Arkansas Code § 6 -82-2205(b), concerning the requirements 23 for an eligible postsecondary institution under the Arkansas Teacher Academy 24 Scholarship Program, is amended to read as follows: 25 (b) An eligible postsecondary institution may : 26 (1) Develop develop a portfolio of teacher preparation programs 27 to offer as part of its Arkansas Teacher Academy ; 28 (2)(A) Give priority to students in grades eleven (11) and 29 twelve (12). 30 (B) However, an eligible postsecondary institution shall 31 not exclude students in grades nine (9) and ten (10) from its Arkansas 32 Teacher Academy; and 33 (3)(A) Use scholarship funds that exceed the cost of tuition and 34 fees at the eligible postsecondary institution to support its Arkansas 35 Teacher Academy costs. 36 As Engrossed: S3/6/25 S3/12/25 SB246 94 03-12-2025 14:09:05 CRH173 (B) However, if a scholarship awarded to an academy 1 attendee under this subchapter does not cover the eligible postsecondary 2 institution's tuition and fees after an academy attendee receives all other 3 financial gifts, financial aid, and grants, the eligible postsecondary 4 institution shall not charge an academy attendee awarded a scholarship under 5 this subchapter the remaining difference . 6 7 SECTION 78. Arkansas Code § 6 -82-2206(a), concerning scholarships 8 under the Arkansas Teacher Academy Scholarship Program, is amended to read as 9 follows: 10 (a)(1) An Effective beginning the 2025-2026 academic year, an eligible 11 postsecondary institution shall provide to each academy attendee who is 12 accepted and enrolled in its Arkansas Teacher Academy program an annual 13 scholarship, not to exceed the maximum award as determined by the Division of 14 Higher Education each eligible semester, up to the actual cost of the: 15 (A) Eligible postsecondary institution's tuition and fees 16 for a maximum of: 17 (i) Two (2) academic years , or four (4) academic 18 semesters, not to exceed sixty (60) academic hours, or completion of the 19 program for an academy attendee who is a graduate student enrolled in the 20 Arkansas Teacher Academy at the eligible postsecondary institution; 21 (ii) Four (4) academic years , or eight (8) academic 22 semesters, not to exceed one hundred twenty (120) academic hours, or 23 completion of the program for an undergraduate student enrolled in the 24 Arkansas Teacher Academy at the eligible postsecondary institution; and 25 (iii)(a) Two (2) academic years , or four (4) 26 academic semesters, not to exceed sixty (60) academic hours, or completion of 27 the program for a community college student enrolled in the Arkansas Teacher 28 Academy at the eligible postsecondary institution. 29 (b) A student who qualifies under subdivision 30 (a)(1)(A)(iii)(a) of this section shall receive continued eligibility for two 31 (2) additional academic years or four (4) additional academic semesters at a 32 postsecondary institution that is an undergraduate institution; and 33 (B) Obtainment of a teaching license issued by the State 34 Board of Education, including without limitation the actual cost of one (1) 35 exam required for obtaining a teaching license issued by the state board. 36 As Engrossed: S3/6/25 S3/12/25 SB246 95 03-12-2025 14:09:05 CRH173 (2) A scholarship distributed to an academy attendee under 1 subdivision (a)(1) of this section shall be distributed only after all other 2 financial gifts, financial aid, and grants have been received by an academy 3 attendee enrolled in an Arkansas Teacher Academy at an eligible postsecondary 4 institution in accordance with the division's scholarship stacking policy 5 under § 6-80-105. 6 (3) In compliance with the division's scholarship stacking 7 policy, a student's total financial aid package, which can include multiple 8 scholarships, shall not exceed the recognized cost of attendance at a state -9 supported institution of higher education. 10 11 SECTION 79. Arkansas Code Title 6, Chapter 82 is amended to add 12 additional subchapters to read as follows: 13 Subchapter 25 — Arkansas Heroes Scholarship Act 14 15 6-82-2501. Title. 16 This subchapter shall be known and may be cited as the "Arkansas Heroes 17 Scholarship Act". 18 19 6-82-2502. Purpose. 20 The purpose of this subchapter is to create a scholarship to be known 21 as the "Arkansas Heroes Scholarship" that honors the heroic efforts of the 22 individuals who served as Arkansas's heroes and their families. 23 24 6-82-2503. Definitions. 25 (a) As used in this subchapter: 26 (1) “Arkansas hero” means: 27 (A) One (1) of the following who suffers a fatal injury or 28 wound or becomes permanently and totally disabled as a result of injuries or 29 wounds that occurred in the performance of a hazardous duty within the scope 30 of his or her employment or that occurred en route to or returning from a 31 location where a hazardous situation existed: 32 (i) A law enforcement officer; 33 (ii) A firefighter; 34 (iii) An emergency medical technician; 35 (iv) A state highway employee; 36 As Engrossed: S3/6/25 S3/12/25 SB246 96 03-12-2025 14:09:05 CRH173 (v) A state correction employee; 1 (vi) A Division of Community Correction employee; 2 (vii) A state parks employee; or 3 (viii) A state forestry employee; 4 (B) A disabled veteran; 5 (C) A prisoner of war; 6 (D) A recipient of a Medal of Honor or Purple Heart; 7 (E) A person declared to be missing in action or killed in 8 action; 9 (F) A person killed on ordnance delivery; 10 (G) A teacher who suffers a fatal injury or wound or 11 becomes permanently and totally disabled as a result of injuries or wounds 12 that occurred due to an act of violence at a public school or open -enrollment 13 charter school in this state; 14 (2) “Child” means a natural child, an adopted child, or a 15 stepchild who is eligible to receive a scholarship under this subchapter; 16 (3) “Disabled veteran” means a person who has been awarded 17 either: 18 (A) United States Armed Forces disability retirement 19 benefits; or 20 (B) Special monthly compensation by the United States 21 Department of Veterans Affairs for service -connected, one hundred percent 22 (100%) total and permanent disability; 23 (4) “Division of Community Correction employee” means an 24 employee of the Division of Community Correction who suffers a fatal injury 25 or wound or becomes permanently and totally disabled because of an injury or 26 wound that occurred through contact with a parolee, probationer, or center 27 resident; 28 (5)(A) “Emergency medical services personnel” means an 29 individual licensed by the Department of Health at any level established by 30 the rules adopted by the State Board of Health under the Emergency Medical 31 Services Act, § 20-13-201 et seq., and authorized to perform the services 32 under the rules. 33 (B) "Emergency medical services personnel" includes 34 without limitation: 35 (i) An emergency medical technician; 36 As Engrossed: S3/6/25 S3/12/25 SB246 97 03-12-2025 14:09:05 CRH173 (ii) An advanced emergency medical technician; 1 (iii) A paramedic; 2 (iv) An emergency medical services instructor; and 3 (v) An emergency medical services instructor 4 trainer; 5 (6) “Firefighter” means a firefighter employed on a full -time or 6 volunteer status while actually engaged in the performance of his or her 7 duties; 8 (7) “Law enforcement officer” means a: 9 (A) Constable, including without limitation all elected 10 constables of any beat of any county within the state while actually engaged 11 in the performance of his or her duties concerning the criminal laws of the 12 county and state; 13 (B) Game warden, including without limitation all 14 appointed game wardens employed by the state on a full -time status while 15 actually engaged in his or her duties concerning the game laws of this state; 16 (C)(i) Municipal and a state -supported institution of 17 higher education police officer, including without limitation all law 18 enforcement officers of any municipality or state -supported institution of 19 higher education who are regular duty personnel on full -time status. 20 (ii) Municipal and a state -supported institution of 21 higher education police officer does not include auxiliary officers or those 22 serving on a temporary or part -time status; 23 (D)(i) Sheriff or deputy sheriff, including without 24 limitation all law enforcement officers on full -time status on a regular 25 basis serving the sheriff's department of any county. 26 (ii) Sheriff or deputy sheriff does not include a 27 deputy sheriff who is: 28 (a) Engaged in administrative or civil duty; 29 or 30 (b) Serving in a temporary capacity or part -31 time status; 32 (E) State highway patrolman, including without limitation 33 any law enforcement officer, regardless of department or bureau, of the 34 Division of Arkansas State Police; and 35 (F) Any other person employed by the State of Arkansas or 36 As Engrossed: S3/6/25 S3/12/25 SB246 98 03-12-2025 14:09:05 CRH173 a political subdivision of the State of Arkansas as an appointed law 1 enforcement officer who is responsible for the prevention and detection of 2 crime and the enforcement of the criminal, traffic, or highway laws of this 3 state; 4 (8) “Ordnance delivery” means the piloting of or flying in an 5 experimental or test aircraft while determining its fitness or ability to 6 perform its military function or mission; 7 (9)(A) “Prisoner of war”, “person missing in action”, “person 8 killed in action”, and “person killed on ordnance delivery” mean a person 9 who: 10 (i) Was a legal resident of the State of Arkansas at 11 the time that person entered the service of the United States Armed Forces or 12 whose official residence is within the State of Arkansas; and 13 (ii) Who, while serving in the United States Armed 14 Forces, has been declared to be a prisoner of war, a person missing in 15 action, a person killed in action as established by the United States 16 Secretary of Defense after January 1, 1960, or a person killed on ordnance 17 delivery. 18 (B) “Prisoner of war”, “person missing in action”, “person 19 killed in action”, and “person killed on ordnance delivery” apply whether or 20 not capture or death occurred during a declared war or as a result of hostile 21 action. 22 (C) A death as a result of injuries received while serving 23 in the United States Armed Forces or Arkansas National Guard is only covered 24 by this subdivision (a)(9) if the death occurred while on active duty or 25 state active duty; 26 (10) “State correction employee” means an employee of the 27 Division of Correction or the Arkansas Correctional School District who 28 becomes subject to injury through contact with an inmate or parolee of the 29 Division of Correction; 30 (11) “State forestry employee” means an employee of the Arkansas 31 Forestry Commission who is actively engaged in his or her duties of fighting 32 forest fires; 33 (12) “State highway employee” means an employee of the Arkansas 34 Department of Transportation who actively engages in highway maintenance, 35 construction, or traffic operations on the roadways and bridges of the state 36 As Engrossed: S3/6/25 S3/12/25 SB246 99 03-12-2025 14:09:05 CRH173 highway system while the roadways and bridges are open for use by the 1 traveling public; 2 (13) “State parks employee” means an employee of the Department 3 of Parks, Heritage, and Tourism who is a commissioned law enforcement officer 4 or emergency response employee while actively engaged in the performance of 5 his or her duties; 6 (14) “Teacher” means a person employed by a public school 7 district for the purpose of providing direct instruction to students and 8 whose employment requires state certification; and 9 (15) “United States Armed Forces dependent” means a spouse, a 10 child born to or conceived by, an adopted child, a child under legal 11 guardianship, or a stepchild of a: 12 (A) Disabled veteran; 13 (B) Prisoner of war; or 14 (C) Person declared to be: 15 (i) Missing in action; 16 (ii) Killed in action; or 17 (iii) Killed on ordnance delivery. 18 19 6-82-2504. Rules. 20 The Division of Higher Education may promulgate rules to implement this 21 subchapter. 22 23 6-82-2505. Eligibility for Arkansas Heroes Scholarship. 24 (a) Eligibility for the Arkansas Heroes Scholarship requires one (1) 25 of the following: 26 (1) The student has been a legal Arkansas resident for at least 27 one (1) year before submitting a scholarship application; 28 (2) The student was born before the date of the death or 29 disability of the Arkansas hero; or 30 (3) The Arkansas hero or the spouse of the Arkansas hero was 31 pregnant with the student at the time of the death or disability of the 32 Arkansas hero. 33 (b) In order for an adopted child to be eligible to receive a 34 scholarship benefit: 35 (1) The adopted child is required to have been adopted before 36 As Engrossed: S3/6/25 S3/12/25 SB246 100 03-12-2025 14:09:05 CRH173 the date of the death or disability of the Arkansas hero; or 1 (2) The adopted child's adoption process is required to have 2 begun before the date of the death or disability of the Arkansas hero. 3 (c) In order for a stepchild under nineteen (19) years of age to be 4 eligible to receive a scholarship benefit, the stepchild under nineteen (19) 5 years of age shall have: 6 (1) Been listed as a dependent on the federal and state income 7 tax returns of the Arkansas hero in each of the five (5) income years 8 immediately before the date of the death or disability of the Arkansas hero; 9 and 10 (2) Received more than one -half (1/2) of his or her financial 11 support from the Arkansas hero in each of the five (5) income years 12 immediately before the date of the death or disability of the Arkansas hero. 13 (d) In order for a stepchild who is nineteen (19) years of age or 14 older to be eligible to receive a scholarship benefit, the stepchild who is 15 nineteen (19) years or older shall have: 16 (1) Been listed as a dependent on the federal and state income 17 tax returns of the Arkansas hero in at least five (5) of the eight (8) income 18 years immediately before the date of the death or disability of the Arkansas 19 hero; and 20 (2) Received more than one -half (1/2) of his or her financial 21 support from the Arkansas hero in at least five (5) of the eight (8) income 22 years immediately before the date of the death or disability of the Arkansas 23 hero. 24 (e) If a covered public employee, as defined in § 21 -5-701, or his or 25 her heirs did not file for the available death or disability benefit but were 26 otherwise eligible to receive the death or disability benefit within the time 27 frame provided in § 21 -5-703, then the covered public employee's child or 28 children who would have otherwise been eligible to receive the provided 29 educational scholarship benefit under this section may individually file 30 before his or her twenty -first birthday a claim to receive the provided 31 educational scholarship benefit if: 32 (1) The student is considered a United States Armed Forces 33 dependent as provided in § 6 -82-2503; or 34 (2) The student is a dependent of an Arkansas hero who suffered 35 fatal injuries or wounds or becomes disabled as a result of injuries or 36 As Engrossed: S3/6/25 S3/12/25 SB246 101 03-12-2025 14:09:05 CRH173 wounds that occurred in the performance of a hazardous duty within the scope 1 of his or her employment or that occurred en route to or returning from a 2 location where a hazardous situation existed. 3 (f) Scholarship benefits may not accrue under this subchapter to a 4 person if the wound or injury suffered by an Arkansas hero is self -inflicted 5 or if the death of an Arkansas hero is self -inflicted. 6 (g) Unless subsection (e) of this section is applicable, the Arkansas 7 State Claims Commission shall award any scholarship benefit provided by this 8 subchapter at the same time that any death benefit or disability benefit is 9 awarded by the commission under the provisions of § 21 -5-701 et seq. 10 11 6-82-2506. Eligibility restrictions. 12 (a) A child shall not be entitled to receive benefits under this 13 subchapter during any semester or quarter when the child has reached twenty -14 six (26) years of age on or before the first day of the semester or quarter. 15 (b)(1) A spouse shall not be eligible to receive benefits under this 16 subchapter if he or she remarries. 17 (2) The benefits under this subchapter shall cease at the end of 18 the semester in which the spouse is currently enrolled at the time of the 19 marriage. 20 21 6-82-2507. Applications. 22 (a) An eligible student shall apply to the Division of Higher 23 Education for benefits under this subchapter. 24 (b) A United States Armed Forces dependent shall: 25 (1) Apply for the Survivors' and Dependents' Educational 26 Assistance program, 38 U.S.C. § 3500 et seq., as it existed on January 1, 27 2025, with the United States Department of Veterans Affairs; and 28 (2) Provide the division with proof of: 29 (A) Acceptance into the Survivors’ and Dependents’ 30 Educational Assistance program; or 31 (B) Noneligibility for the Survivors’ and Dependents’ 32 Educational Assistance program following application. 33 (c) Except as provided under subsection (d) of this section, a 34 dependent of an Arkansas hero, upon his or her being accepted for enrollment 35 into any private, nonprofit institution of higher education in the State of 36 As Engrossed: S3/6/25 S3/12/25 SB246 102 03-12-2025 14:09:05 CRH173 Arkansas or a state-supported institution of higher education in the State of 1 Arkansas, may obtain his or her first bachelor's degree for so long as he or 2 she is eligible with state assistance for tuition, fees, or other charges as 3 provided under this subsection. 4 (d)(1) The state assistance under this subchapter is limited to the 5 tuition, fees, or other charges that exceed the amount of monetary benefits 6 the dependent is eligible to receive from the Survivors' and Dependents' 7 Educational Assistance program during the months included in each semester in 8 which the dependent is enrolled. 9 (2) If the dependent is not eligible for monetary benefits from 10 the Survivors' and Dependents' Educational Assistance program but is eligible 11 for the benefits under this subchapter, the dependent may obtain a bachelor's 12 degree free of tuition, fees, or other charges from a private, nonprofit 13 institution of higher education in this state or a state -supported 14 institution of higher education in this state. 15 (3) However, the state assistance awarded to a dependent 16 attending a private, nonprofit institution of higher education in this state 17 shall not exceed the maximum amount of state assistance awarded to dependents 18 attending a state-supported institution of higher education in this state. 19 (e) Once a person qualifies as a dependent under this subchapter, 20 there shall be no situation such as the return of the parent or the reported 21 death of the parent that will remove the dependent from the provisions or 22 benefits of this subchapter. 23 (f) An eligible recipient shall receive a scholarship for one (1) 24 academic year, renewable for up to three (3) additional academic years if the 25 recipient meets continuing eligibility criteria established by the division. 26 (g) In compliance with the division's scholarship stacking policy, a 27 student's total financial aid package, which can include multiple 28 scholarships, shall not exceed the recognized cost of attendance at a state -29 supported institution of higher education. 30 (h) In the event the number of students who qualify for a scholarship 31 under this subchapter during an academic year exceeds the amount of funds 32 appropriated to the Higher Education Grants Fund Account for purposes of 33 funding students who qualify for scholarship under this subchapter during the 34 given academic year, the excess awards that qualify for distribution under 35 this subchapter shall be funded with any net proceeds from the state lottery 36 As Engrossed: S3/6/25 S3/12/25 SB246 103 03-12-2025 14:09:05 CRH173 remaining after the division allocates sufficient funding to award the 1 following scholarships at levels equivalent to the awards made in the 2 previous academic year: 3 (1) Arkansas Academic Challenge Scholarship, § 6 -85-201 et seq.; 4 and 5 (2) Arkansas Workforce Challenge Scholarship, § 6 -85-301 et seq. 6 7 6-82-2508. Scholarship funding and continued eligibility. 8 (a) The state assistance under this subchapter is limited to the 9 tuition, fees, and other expenses required for the first bachelor’s degree 10 earned by the dependent. 11 (b)(1) An eligible dependent shall be entitled to a total of eight (8) 12 semesters, or the equivalent thereof, of scholarship awards without cost, 13 exclusive of books, food, school supplies, materials, and dues or fees for 14 extracurricular activities, at any state -supported institution of higher 15 education or technical institute of his or her choice within this state. 16 (2) The eligible dependent may take up to four (4) semesters, or 17 the equivalent thereof, at a technical institute. 18 (c) To retain eligibility for a scholarship benefit under this 19 subchapter, a recipient shall: 20 (1) Maintain a minimum of a 2.0 grade point average on a 4.0 21 scholastic grading scale; and 22 (2) Meet any other continuing eligibility criteria established 23 by the Division of Higher Education. 24 (d) If a recipient fails to meet eligibility criteria, he or she may 25 apply for state assistance under this subchapter a maximum of one (1) 26 additional time once eligibility is reestablished. 27 28 Subchapter 26 — Governor's Higher Education Transition Scholarship Program 29 30 6-82-2601. Title. 31 This subchapter shall be known and may be cited as the "Governor's 32 Higher Education Transition Scholarship Program". 33 34 6-82-2602. Definitions. 35 As used in this subchapter: 36 As Engrossed: S3/6/25 S3/12/25 SB246 104 03-12-2025 14:09:05 CRH173 (1) "Eligible student" means an Arkansas student with a 1 disability admitted to a qualifying program at a state-supported institution 2 of higher education; 3 (2) "Inclusive Higher Education Accreditation Council" means the 4 independent, nonprofit accreditation agency for postsecondary programs for 5 students with an intellectual disability; and 6 (3) "Qualifying program" means a postsecondary education program 7 for a student with an intellectual disability that is accredited by the 8 Inclusive Higher Education Accreditation Council. 9 10 6-82-2603. Creation — Eligibility. 11 (a) There is established the Governor's Higher Education Transition 12 Scholarship Program within the Division of Higher Education. 13 (b) An eligible student who receives a Governor's Higher Education 14 Transition Scholarship shall maintain eligibility for up to eight (8) 15 continuous semesters or until credentialing is obtained, whichever occurs 16 first. 17 18 6-82-2604. Scholarship awards. 19 (a) Scholarship awards under this subchapter are contingent upon 20 availability of funds. 21 (b)(1) Scholarship awards shall not exceed the institutional cost of 22 attendance. 23 (2) The maximum award amount per qualifying semester that a 24 student may receive is two thousand five hundred dollars ($2,500). 25 (3) A scholarship award may be applied to tuition, mandatory 26 fees, programmatic fees, room and board, supplies, and extended support 27 services. 28 29 6-82-2605. Rules. 30 The Division of Higher Education may promulgate rules to govern 31 administration of the Governor's Higher Education Transition Scholarship 32 Program, including without limitation application forms and deadlines. 33 34 SECTION 80. Arkansas Code § 6 -85-207 is amended to read as follows: 35 6-85-207. Additional eligibility requirements for traditional students. 36 As Engrossed: S3/6/25 S3/12/25 SB246 105 03-12-2025 14:09:05 CRH173 In addition to the basic eligibility requirements of § 6 -85-206, an 1 applicant is eligible as a traditional student if the applicant either: 2 (1)(A) Graduated from an Arkansas public high school and has a 3 minimum superscore of nineteen (19) on the ACT or the equivalent score on an 4 ACT equivalent; or 5 (B) Upon graduation from high school: 6 (i) Achieved a minimum grade point average of 3.0 7 during high school; 8 (ii) Completed at least one (1) college readiness 9 assessment; and 10 (iii)(a) Achieved a diploma of merit as defined in 11 rules promulgated by the State Board of Education. 12 (b) Proof of attainment of the diploma of 13 merit under subdivision (1)(B)(iii)(a) of this section shall be submitted 14 with the student's scholarship application; or 15 (2)(A) Has a disability identified under the Individuals with 16 Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on July 17 1, 2009, and graduated from an Arkansas public high school, and either: meets 18 the requirements defined in subdivision (1) of this section. 19 (A) Had a minimum composite score of nineteen (19) on the 20 ACT or the equivalent score on an ACT equivalent; or 21 (B) Scored proficient or higher on all state -mandated end-22 of-course assessments, including without limitation end -of-course assessments 23 on: 24 (i) Algebra I; 25 (ii) Geometry; 26 (iii) Biology; and 27 (iv) Literacy; 28 (3) Achieved a minimum superscore of nineteen (19) on the ACT or 29 the equivalent score on an ACT equivalent and: 30 (B) A student shall also meet one (1) of the following 31 eligibility requirements: 32 (A) Graduated (i) Graduate from a private high school, an 33 out-of-state high school, or a home school high school; or 34 (B)(ii) In the year in which the student would have been a 35 junior or senior in high school, completed the requirements for high school 36 As Engrossed: S3/6/25 S3/12/25 SB246 106 03-12-2025 14:09:05 CRH173 graduation and obtained a high school equivalency diploma approved by the 1 Adult Education Section instead of receiving a diploma; or 2 (4)(iii) Meets one (1) of the following criteria: 3 (A)(a) Was enrolled at an institution of higher education 4 in the immediately preceding academic year as a full -time, first-time 5 freshman; 6 (B)(b) Did not receive a scholarship under this subchapter 7 as a full-time, first-time freshman; 8 (C)(c) Successfully completed with the equivalent of a 9 minimum letter grade of “D” at least twenty -seven (27) semester hours of 10 courses as a full-time, first-time freshman; and or 11 (D)(d) Achieved a postsecondary grade point average of at 12 least 2.5 on a 4.0 scale as a full -time, first-time freshman. 13 14 SECTION 81. Arkansas Code § 6 -85-212(d)(1)(A), concerning scholarship 15 award amounts under the Arkansas Academic Challenge Scholarship Program, is 16 amended to read as follows: 17 (d)(1)(A) Subject to the availability of net revenue, the scholarship 18 award amount under this subchapter for an academic year for a full -time 19 recipient enrolled in a four -year approved institution of higher education 20 is: 21 (i) One Two thousand dollars ($1,000) ($2,000) for a 22 recipient who has earned less than twenty -seven (27) semester credit hours; 23 (ii) Four thousand dollars ($4,000) for a recipient 24 who has earned at least twenty -seven (27) semester credit hours but less than 25 fifty-seven (57) semester credit hours; 26 (iii) Four thousand dollars ($4,000) for a recipient 27 who has earned at least fifty -seven (57) semester credit hours but less than 28 eighty-seven (87) semester credit hours; and 29 (iv)(a) Five thousand dollars ($5,000) for a 30 recipient who has earned at least eighty -seven (87) semester credit hours but 31 no more than one hundred twenty (120) semester credit hours unless the 32 recipient is enrolled in a baccalaureate degree program that requires more 33 than one hundred twenty (120) semester credit hours, but not more than one 34 hundred thirty (130) semester credit hours, as provided under § 6 -61-232, 35 then up to the number of credit hours required to complete the baccalaureate 36 As Engrossed: S3/6/25 S3/12/25 SB246 107 03-12-2025 14:09:05 CRH173 program. 1 (b) A recipient shall receive no more than one 2 (1) year of the scholarship provided under subdivision (d)(1)(A)(iv)(a) of 3 this section unless the recipient is enrolled in a baccalaureate degree 4 program that requires more than one hundred twenty (120) semester credit 5 hours as provided under § 6 -61-232. 6 (c)(1) A recipient who is eligible to receive 7 the scholarship under subdivision (d)(1)(A)(iv)(a) of this section may 8 receive the scholarship while enrolled in a semester as a part -time student. 9 (2) The scholarship amount for the 10 semester in which a recipient is enrolled as a part -time student under 11 subdivision (d)(1)(A)(iv)(c)(1) of this section shall may be prorated by the 12 number of credit hours in which the recipient is enrolled. 13 14 SECTION 82. Arkansas Code § 6 -85-212(d)(1)(C), concerning the 15 authorization for an applicant to elect for earned semester credit hours to 16 be only those earned after graduating from high school or obtaining a high 17 school equivalency diploma, is repealed. 18 (C)(i) An applicant may elect for the earned semester 19 credit hours under subdivision (d)(1)(A) of this section to be only those 20 semester credit hours earned after graduating from high school or obtaining a 21 high school equivalency diploma approved by the Adult Education Section. 22 (ii) If an applicant makes the election under 23 subdivision (d)(1)(C)(i) of this section, any semester credit hours earned 24 through concurrent credit or any other method before graduating high school 25 or obtaining a high school equivalency diploma approved by the Adult 26 Education Section shall not be counted as earned semester credit hours for 27 the purposes of determining a recipient's scholarship award amount under 28 subdivision (d)(1)(A) of this section. 29 30 SECTION 83. Arkansas Code § 6 -85-212(d)(3), concerning scholarship 31 award amounts for certain institutions of higher education under the Arkansas 32 Challenge Scholarship Program, is amended to read as follows: 33 (3) Subject to the availability of net revenue, the scholarship 34 award for an academic year for a full -time student enrolled in one (1) of the 35 following institutions of higher education is one two thousand dollars 36 As Engrossed: S3/6/25 S3/12/25 SB246 108 03-12-2025 14:09:05 CRH173 ($1,000) ($2,000) for the first year and three thousand dollars ($3,000) for 1 the second year: 2 (A) A two-year approved institution of higher education; 3 (B) A branch campus of a four -year approved institution of 4 higher education; or 5 (C) An approved school of nursing. 6 7 SECTION 84. Arkansas Code § 6-85-302 is amended to read as follows: 8 6-85-302. Definitions. 9 As used in this subchapter: 10 (1) "Academic year" means a measure of the academic work to be 11 accomplished by a student through the fall, spring, and summer semesters, or 12 the equivalent of the fall, spring, and summer semesters, in that order; 13 (2) “Approved institution of higher education” means an 14 institution of higher education approved by the Division of Higher Education 15 to participate in the Arkansas Workforce Challenge Scholarship Program and 16 that is: 17 (A) A state-supported two-year or four-year college or 18 university institution of higher education ; or 19 (B) A private, nonprofit two -year or four-year college or 20 university with its primary headquarters located in Arkansas that is eligible 21 to receive Title IV federal student aid funds; or 22 (C) A public or private vocational -technical school that 23 is: 24 (i) Included on the Workforce Innovation and 25 Opportunity Act eligible training provider list; 26 (ii) Qualified to receive approval for veterans' 27 education benefits from the United States Department of Veterans Affairs; or 28 (iii) Included on the State Board of Private Career 29 Education list; and 30 (2)(A)(3)(A) “Certificate program” means a program that is 31 offered or made available to a student by an approved institution of higher 32 education that leads to the obtainment of a certification or license, 33 including without limitation a program operated or sponsored by a third 34 party. 35 (B) "Certificate program" is determined by the division 36 As Engrossed: S3/6/25 S3/12/25 SB246 109 03-12-2025 14:09:05 CRH173 and includes without limitation the following: 1 (i) Advanced manufacturing; 2 (ii) Health care; 3 (iii) Information technology; 4 (iv) Construction trades; or 5 (v) Logistics and distribution. 6 (C) The credit hours or contact hours awarded for a 7 certificate program may include credit hours or contact hours that are not 8 creditable toward an associate or a baccalaureate degree. 9 10 SECTION 85. Arkansas Code § 6 -85-304(a), concerning student 11 eligibility under the Arkansas Workforce Challenge Scholarship Program, is 12 amended to read as follows: 13 (a) A student is eligible to receive an Arkansas Workforce Challenge 14 Scholarship for an academic year if the student applies to the Division of 15 Higher Education an approved institution of higher education by a date 16 determined by the Division of Higher Education preceding the academic year 17 and: 18 (1) Is an a legal Arkansas resident or, if the student is less 19 than twenty-one (21) years of age, either the student or one (1) parent of 20 the student is an a legal Arkansas resident; 21 (2) Meets either of the following requirements: 22 (A) Graduated from a: 23 (i) Public high school in Arkansas or another state; 24 (ii) Private high school in Arkansas or another 25 state; or 26 (iii) Home school under § 6 -15-501 et seq. or 27 recognized by another state; or 28 (B) Received a high school equivalency diploma approved by 29 the Adult Education Section or another state; 30 (3) Is not receiving a scholarship under the Arkansas Academic 31 Challenge Scholarship Program, § 6 -85-201 et seq.; and 32 (4) Is accepted for admission in a program of study at an 33 approved institution of higher education that leads to an associate degree or 34 a certificate program in one (1) of the following high-demand fields: 35 described in § 6-85-302. 36 As Engrossed: S3/6/25 S3/12/25 SB246 110 03-12-2025 14:09:05 CRH173 (A) Industry; 1 (B) Health care; and 2 (C) Information technology; and 3 (5)(A) Whose program of study or certificate program will result 4 in the student's being qualified to work in an occupation identified by the 5 Division of Workforce Services under subdivision (a)(5)(B)(i) of this 6 section. 7 (B)(i) The Division of Workforce Services shall provide 8 annually to the Division of Higher Education by March 1 a list that 9 identifies the five (5) most in -demand occupations in this state in each 10 high-demand field under subdivision (a)(4) of this section that require the 11 completion of a program of study that leads to an associate degree or a 12 certificate program. 13 (ii) The Division of Workforce Services shall publish 14 on its website the list under subdivision (a)(5)(B)(i) of this section and 15 data supporting the list. 16 17 SECTION 86. Arkansas Code § 6 -85-305 is amended to read as follows: 18 6-85-305. Distribution — Award amounts. 19 (a)(1) If funds are available, the Division of Higher Education shall 20 distribute Arkansas Workforce Challenge Scholarships to all students who meet 21 the requirements under § 6-85-304 6-85-302(2). 22 (2) Up to five million dollars ($5,000,000) shall be allocated 23 for students eligible under § 6 -85-302(2)(C). 24 (b)(1) The division shall distribute scholarships from the funds 25 available in an equal amount to every student eligible to receive a 26 scholarship under this subchapter. 27 (2) Except as provided in subsection (c) of this section, the 28 The maximum scholarship award a student may receive in an academic year shall 29 be the lesser of: program costs or three thousand dollars ($3,000). 30 (A) Eight hundred dollars ($800); or 31 (B)(i) The cost of the certificate program or program of 32 study. 33 (ii) The cost of a certificate program or program of 34 study shall include: 35 (a) Tuition, fees, or other charges; 36 As Engrossed: S3/6/25 S3/12/25 SB246 111 03-12-2025 14:09:05 CRH173 (b) Textbooks or other course materials; and 1 (c) Equipment needed for a course. 2 (3)(2) The scholarship awards may be used for expenses included 3 in the cost of the certificate program or program of study. 4 (4)(3) A scholarship under this section shall be only for the 5 academic year for which it is awarded. 6 (4)(A) The division shall collaborate with the Office of Skills 7 Development to establish the criteria to be used to determine the eligibility 8 of students under § 6 -85-302(1)(C), which shall be included in rules 9 promulgated by the Arkansas Higher Education Coordinating Board. 10 (B) The office shall: 11 (i) Use the criteria established under subdivision 12 (b)(4)(A) of this section to determine the eligibility of students under § 6 -13 85-302(1)(C); and 14 (ii) Provide the necessary information regarding 15 eligible students to the division to enable the division to distribute 16 scholarship awards on behalf of an eligible student directly to the approved 17 institution of higher education. 18 (c)(1) If the division has funds remaining after making the 19 distributions under subsection (b) of this section, the division shall 20 distribute scholarships to students for the summer term of the academic year. 21 (2) If funds are available under subdivision (c)(1) of this 22 section, a student shall apply for a scholarship for a summer term by a date 23 determined by the division preceding the summer term. 24 (3)(A) The division shall distribute scholarships for a summer 25 term in the same manner as under subsection (b) of this section. 26 (B) Scholarships for a summer term may be used in the same 27 manner as under subsection (b) of this section. 28 (4) A student who received a scholarship under subsection (b) of 29 this section may also receive a scholarship for a summer term. 30 (d)(c) The division shall disburse all scholarship awards on behalf of 31 an eligible student directly to the approved institution of higher education. 32 33 SECTION 87. Arkansas Code Title 6, Chapter 85, Subchapter 3, is 34 amended to add an additional section to read as follows: 35 6-85-308. Reporting requirements. 36 As Engrossed: S3/6/25 S3/12/25 SB246 112 03-12-2025 14:09:05 CRH173 (a) An approved institution of higher education accepting funds under 1 this subchapter shall submit an annual report to the Division of Higher 2 Education that includes without limitation the following: 3 (1) Individual student program completer information as defined 4 by the division; and 5 (2) Student information required to be provided to the division 6 under § 6-85-216. 7 (b) An approved institution of higher education accepting funds under 8 this subchapter shall submit an annual report to the Office of Skills 9 Development that includes without limitation the following: 10 (1) Individual student program completer information as defined 11 by the division; and 12 (2) Student information required to be provided to the division 13 under § 6-85-216. 14 15 SECTION 88. Arkansas Code Title 6, Chapter 85, Subchapter 4 is 16 repealed. 17 Subchapter 4 — Arkansas Concurrent Challenge Scholarship Program 18 19 6-85-401. Creation. 20 There is created the Arkansas Concurrent Challenge Scholarship Program. 21 22 6-85-402. Definitions. 23 As used in this subchapter: 24 (1) “Approved institution of higher education” means an 25 institution of higher education that: 26 (A) Is approved by the Division of Higher Education to 27 participate in the Arkansas Concurrent Challenge Scholarship Program; 28 (B) Offers at least a fifty -percent discount on the 29 tuition and mandatory fees of an endorsed concurrent enrollment course or 30 certificate program to a student who is enrolled in an endorsed concurrent 31 enrollment course or certificate program, unless other opportunities are 32 provided that lower the tuition and mandatory fees below fifty percent (50%); 33 and 34 (C) Is a: 35 (i) State-supported two-year or four-year college or 36 As Engrossed: S3/6/25 S3/12/25 SB246 113 03-12-2025 14:09:05 CRH173 university; or 1 (ii) Private, nonprofit two -year or four-year college 2 or university that has its primary headquarters located in Arkansas and that 3 is eligible to receive Title IV federal student aid funds; 4 (2)(A) “Certificate program” means a program that is offered or 5 made available to a student by an approved institution of higher education 6 that leads to the obtainment of a certification or license. 7 (B) “Certificate program” does not include a program that 8 is operated or sponsored by a third party; 9 (3)(A) “Endorsed concurrent enrollment course” means the same as 10 defined in § 6-16-1202. 11 (B) “Endorsed concurrent enrollment course” does not 12 include a program that is operated or sponsored by a third party; and 13 (4) “Student” means a person in grade ten (10), grade eleven 14 (11), or grade twelve (12) who is enrolled at a: 15 (A) Public high school in Arkansas; 16 (B) Private high school in Arkansas; or 17 (C) Home school, as defined in § 6 -15-501. 18 19 6-85-403. Eligibility. 20 (a) A student is eligible to receive an Arkansas Concurrent Challenge 21 Scholarship under this subchapter for an academic semester or academic year 22 during which the student is enrolled in an endorsed concurrent enrollment 23 course or certificate program if the student: 24 (1) Is an Arkansas resident or, if the student is less than 25 twenty-one (21) years of age, either the student or one (1) parent of the 26 student is an Arkansas resident; and 27 (2)(A) Submits a student success plan as described under § 6 -15-28 2911(b). 29 (B) The student success plan required under subdivision 30 (a)(2)(A) of this section for a student who is enrolled in an endorsed 31 concurrent enrollment course or certificate program shall: 32 (i) Be prepared in consultation with: 33 (a) School personnel, the student, and the 34 student's parent or legal guardian; or 35 (b) A college advisor; and 36 As Engrossed: S3/6/25 S3/12/25 SB246 114 03-12-2025 14:09:05 CRH173 (ii) Include: 1 (a) An endorsed concurrent enrollment course 2 or certificate program that is relevant to the student's success plan; and 3 (b) Measures that ensure the successful 4 completion of the endorsed concurrent enrollment course or certificate 5 program in which the student is enrolled. 6 (b)(1) A student successfully completes an endorsed concurrent 7 enrollment course or a course taken towards the completion of a certificate 8 program under this subchapter if he or she completes the course or program 9 and receives a minimum grade point average of 2.5. 10 (2)(A) A student who fails to successfully complete an endorsed 11 concurrent enrollment course or a course taken towards the completion of a 12 certificate program under this subchapter shall: 13 (i) Retain eligibility for a scholarship under this 14 subchapter; and 15 (ii) Enroll in no more than one (1) endorsed 16 concurrent enrollment course or course required for the completion of a 17 certificate program for the first semester following the semester in which 18 the student failed to successfully complete an endorsed concurrent enrollment 19 course or course taken towards the completion of a certificate program. 20 (B) However, if a student fails an endorsed concurrent 21 enrollment course or a course taken towards the completion of a certificate 22 program under this subchapter a second time, the student shall be ineligible 23 to reapply for a scholarship under this subchapter. 24 (c) A student whose enrollment in a vocational center is reimbursable 25 under § 6-51-305 is not eligible for a scholarship under this subchapter. 26 27 6-85-404. Funding. 28 (a) For an academic year, Arkansas Concurrent Challenge Scholarships 29 under this subchapter shall be funded with any funds remaining after the 30 Division of Higher Education allocates sufficient funding to award Arkansas 31 Workforce Challenge Scholarships under § 6 -85-301 et seq., at a level 32 equivalent to the awards made in the previous academic year. 33 (b)(1) A scholarship under this subchapter shall not be awarded for an 34 academic year if: 35 (A) Less than two hundred fifty thousand dollars 36 As Engrossed: S3/6/25 S3/12/25 SB246 115 03-12-2025 14:09:05 CRH173 ($250,000) is available under subsection (a) of this section; or 1 (B) The division received a loan from the Scholarship 2 Shortfall Reserve Trust Account under § 23 -115-802 for the Arkansas Academic 3 Challenge Scholarship Program, § 6 -85-201 et seq., for the previous academic 4 year. 5 (2) Any funds under subsection (a) of this section that are not 6 disbursed for scholarships under this subchapter shall be carried over to the 7 next academic year to be used for scholarships under this subchapter. 8 9 6-85-405. Distribution — Award amounts. 10 (a) If funds are available, the Division of Higher Education shall 11 award Arkansas Concurrent Challenge Scholarships to all students who meet the 12 requirements under this subchapter. 13 (b)(1) The division shall distribute scholarships from the funds 14 available in an equal amount to every approved institution of higher 15 education that has enrolled a student eligible to receive a scholarship under 16 this subchapter. 17 (2) The maximum scholarship award a student may receive in an 18 academic year shall be the lesser of: 19 (A)(i) Five hundred dollars ($500). 20 (ii) A scholarship awarded to a student who is 21 eligible under § 6-85-403 shall be awarded in the amount of one hundred 22 twenty-five dollars ($125) for each endorsed concurrent enrollment credit 23 course or certificate program in which the eligible student is enrolled, up 24 to two (2) endorsed concurrent enrollment credit courses or certificate 25 programs per semester; or 26 (B) The tuition and mandatory fees of the endorsed 27 concurrent credit course or certificate program. 28 (3) A scholarship granted under this section may be awarded in 29 addition to any funds received for the enrollment in an endorsed concurrent 30 enrollment course under § 6 -16-1204(e)(3). 31 (4) Unless a student's high school or community -based program 32 provides financial assistance for the cost of tuition and mandatory fees for 33 an endorsed concurrent enrollment course or certificate program, the 34 remaining cost of tuition and mandatory fees for an endorsed concurrent 35 enrollment course or certificate program is the responsibility of the 36 As Engrossed: S3/6/25 S3/12/25 SB246 116 03-12-2025 14:09:05 CRH173 eligible student who is enrolled in the endorsed concurrent enrollment course 1 or certificate program. 2 3 6-85-406. Rules. 4 The Division of Higher Education shall promulgate rules to implement 5 this subchapter. 6 7 SECTION 89. Arkansas Code § 6 -85-502(b)(5), concerning the amount of 8 net proceeds to fund scholarships under the Arkansas Concurrent Challenge 9 Scholarship Program used for the lottery fiscal impact statement, is amended 10 to read as follows: 11 (5) The amount of net proceeds that was necessary to fund scholarships 12 under the Arkansas Concurrent Challenge Scholarship Program, § 6 -85-401 13 ACCESS to Acceleration Scholarship Program, § 6 -85-701 et seq., during each 14 of the last four (4) years immediately preceding the year in which the 15 proposed bill is being considered, listed separately; 16 17 SECTION 90. Arkansas Code § 6 -85-502(b)(7)(C), concerning the 18 comparison of the year with the highest amount of net proceeds necessary to 19 fund scholarships under the Arkansas Concurrent Challenge Scholarship 20 Program, is amended to read as follows: 21 (C) The year with the highest amount of net proceeds 22 necessary to fund scholarships under the Arkansas Concurrent Challenge 23 Scholarship Program, § 6 -85-401 ACCESS to Acceleration Scholarship Program, § 24 6-85-701 et seq., as determined under subdivision (b)(5) of this section; and 25 26 SECTION 91. Arkansas Code Title 6, Chapter 85, is amended to add an 27 additional subchapter to read as follows: 28 Subchapter — 7 ACCESS to Acceleration Scholarship Program 29 30 6-85-701 Creation. 31 There is created the ACCESS to Acceleration Scholarship Program. 32 33 6-85-702. Definitions. 34 As used in this subchapter: 35 (1) “Approved institution of higher education” means an 36 As Engrossed: S3/6/25 S3/12/25 SB246 117 03-12-2025 14:09:05 CRH173 institution of higher education that: 1 (A) Is approved by the Division of Higher Education to 2 participate in the ACCESS to Acceleration Scholarship Program; and 3 (B) Is a: 4 (i) State-supported two-year or four-year 5 institution of higher education; or 6 (ii) Private, nonprofit two -year or four-year 7 institution of higher education that has its primary headquarters located in 8 Arkansas and is eligible to receive Title IV federal student aid funds; 9 (2)(A) “Certificate program” means a program that is offered or 10 made available to a student by an approved institution of higher education 11 that leads to the obtainment of a certification or license. 12 (B) “Certificate program” does not include a program that 13 is operated or sponsored by a third party; 14 (3)(A) “Concurrent credit course” means a course as defined in § 15 6-16-1202. 16 (B) “Concurrent credit course” does not include a program 17 that is operated or sponsored by a third party; and 18 (4) “Eligible student” means a student enrolled in grade ten 19 (10), grade eleven (11), or grade twelve (12) at a public high school in 20 Arkansas. 21 22 6-85-703. Eligibility. 23 (a) A student is eligible to be awarded a scholarship under this 24 subchapter for an academic semester or academic year during which the student 25 is enrolled in a concurrent credit course if the student is eligible to 26 enroll in the concurrent credit course under § 6 -16-1204(a)(5). 27 (b) Scholarship funds shall not be used for courses at a vocational 28 center that are reimbursable under § 6 -51-305. 29 (c) A student is not eligible for a scholarship under this subchapter 30 if the student is enrolled in a concurrent credit course that may be funded 31 under § 6-18-2506. 32 33 6-85-704. Funding. 34 (a) For an academic year, the following shall be used to fund 35 scholarships under this subchapter: 36 As Engrossed: S3/6/25 S3/12/25 SB246 118 03-12-2025 14:09:05 CRH173 (1) Excess funding returned to the Office of the Arkansas 1 Lottery under § 6-85-212(d)(2)(B)(i) from the previous academic year; and 2 (2) Net proceeds remaining from the previous academic year after 3 the office transfers the funds requested by the Division of Higher Education 4 under § 23-115-801(c)(2). 5 (b)(1) A scholarship under this subchapter shall not be awarded for an 6 academic year if: 7 (A) Less than two hundred fifty thousand dollars 8 ($250,000) is available under subsection (a) of this section; or 9 (B) The division received a loan from the Scholarship 10 Shortfall Reserve Trust Account under § 23 -115-802 for the Arkansas Academic 11 Challenge Scholarship Program, § 6 -85-201 et seq., for the previous academic 12 year. 13 (2) Any funds under subsection (a) of this section that are not 14 disbursed for scholarships under this subchapter shall be carried over to the 15 next academic year to be used for scholarships under this subchapter. 16 17 6-85-705. Distribution — Award Amounts. 18 (a) If funds are available, the Division of Higher Education shall 19 award an ACCESS to Acceleration Scholarship to all eligible students who meet 20 the requirements under this subchapter. 21 (b)(1) The division shall distribute scholarships from the funds 22 available in an equal amount to every approved institution of higher 23 education that has enrolled a student eligible to receive a scholarship under 24 this subchapter. 25 (2) A scholarship awarded to a student who is eligible under § 26 6-85-703 shall be awarded in the amount of sixty -five dollars ($65) per 27 concurrent credit course hour in which the eligible student is enrolled, for 28 a maximum of fifteen (15) concurrent credit course hours per semester. 29 (3) The maximum scholarship amount a student may be awarded in 30 an academic year, including summer semesters, shall not exceed two thousand 31 dollars ($2,000). 32 (c)(1) A state-supported two-year or four-year institution of higher 33 education may offer a reduced tuition rate for concurrent credit courses 34 offered by the state -supported institution of higher education to eligible 35 students under this subchapter. 36 As Engrossed: S3/6/25 S3/12/25 SB246 119 03-12-2025 14:09:05 CRH173 (2) The reduction in tuition under subdivision (c)(1) of this 1 section shall not be considered an institutional scholarship. 2 3 6-85-706. Rules. 4 The Division of Higher Education may promulgate rules to implement this 5 subchapter. 6 7 SECTION 92 Arkansas Code § 20-7-133(b)(2), concerning members 8 appointed by the Commissioner of Elementary and Secondary Education to the 9 Child Health Advisory Committee, is amended to read as follows: 10 (2) The Commissioner of Elementary and Secondary Education shall 11 appoint: 12 (A) One (1) member to represent the Division of Elementary 13 and Secondary Education; 14 (B) One (1) member to represent the Arkansas School 15 Nutrition Association Child Nutrition Unit ; 16 (C) One (1) member to represent the Arkansas School Nurses 17 Association public school nurse; 18 (D) One (1) member to represent the Arkansas Association 19 of Educational Administrators public school administrator ; 20 (E) One (1) member to represent the Arkansas PTA of a 21 public school district parent -teacher association; 22 (F) One (1) member to represent the Arkansas School Boards 23 Association of a public school district board of directors ; 24 (G) One (1) member to represent the Arkansas Association 25 of School Business Officials public school district finance employee ; and 26 (H) One (1) member to represent the Arkansas Association 27 for Supervision and Curriculum Development Two (2) public school licensed 28 educators; and 29 (I) One (1) member who is a classroom teacher . 30 31 SECTION 93. Arkansas Code § 21 -5-703(c), concerning the award of 32 scholarship benefits by the Arkansas State Claims Commssion during the claims 33 process for death benefits of public employees, is amended to read as 34 follows: 35 (c) Unless § 6-82-504(e) § 6-82-2505(e) is applicable, the commission 36 As Engrossed: S3/6/25 S3/12/25 SB246 120 03-12-2025 14:09:05 CRH173 shall award any scholarship benefit provided by the provisions of § 6-82-501 1 et seq. the Arkansas Heroes Scholarship Act, § 6 -82-2501 et seq., at the same 2 time any death benefit or total and permanent disability benefit is awarded 3 under this subchapter. 4 5 SECTION 94. Arkansas Code § 21 -5-705(a)(3)(B)(i), concerning the 6 maximum death benefit paid to a designated beneficiary or survivor of certain 7 public employees killed in the line of duty, is amended to read as follows: 8 (i) A maximum of one hundred fifty thousand dollars 9 ($150,000) per individual death, including educational benefits provided in § 10 6-82-501 et seq. the Arkansas Heroes Scholarship Act, § 6 -82-2501 et seq.; 11 and 12 13 SECTION 95. The introductory language of Arkansas Code § 23 -115-14 801(b)(1)(B)(i), concerning the establishment of the Lottery Scholarship 15 Trust Account by the Office of the Arkansas Lottery, is amended to read as 16 follows: 17 (B)(i) The office shall establish the Lottery Scholarship 18 Trust Account as required under subdivision (b)(1)(A) of this section to fund 19 the Arkansas Academic Challenge Scholarship Program, § 6 -85-201 et seq., the 20 Arkansas Workforce Challenge Scholarship Program, § 6 -85-301 et seq.,the 21 Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 ACCESS to 22 Acceleration Scholarship Program, § 6 -85-701 et seq., and 23 any other scholarship funded with net proceeds from the state lottery in a 24 financial institution into which the office shall transfer: 25 26 SECTION 96. Arkansas Code § 23 -115-801(b)(1)(B)(ii) and (iii), 27 concerning funding of the Lottery Scholarship Trust Account by the Office of 28 the Arkansas Lottery, are amended to read as follows: 29 (ii) The funds transferred by the office into the 30 Lottery Scholarship Trust Account for the Arkansas Academic Challenge 31 Scholarship Program, § 6 -85-201 et seq., the Arkansas Workforce Challenge 32 Scholarship Program, § 6 -85-301 et seq., the Arkansas Concurrent Challenge 33 Scholarship Program, § 6 -85-401 ACCESS to Acceleration Scholarship Program, § 34 6-85-701 et seq., and any other scholarship funded with net proceeds from the 35 state lottery as established under subdivision (b)(1)(B)(i) of this section 36 As Engrossed: S3/6/25 S3/12/25 SB246 121 03-12-2025 14:09:05 CRH173 shall be used for: 1 (a) Arkansas Workforce Challenge Scholarships; 2 (b) Any management fees charged by the 3 financial institution to manage the trust account for scholarship award 4 supplements; 5 (c) Arkansas Concurrent Challenge Scholarships 6 ACCESS to Acceleration Scholarships ; 7 (d) Arkansas Academic Challenge Scholarships; 8 and 9 (e) Any other scholarship funded with net 10 proceeds from the state lottery. 11 (iii) Annually, the office shall transfer to the 12 division the funds from the previous academic year, if any, that were 13 transferred by the office into the Lottery Scholarship Trust Account 14 established under subdivision (b)(1)(B)(i) of this section for distribution 15 of Arkansas Academic Challenge Scholarships, Arkansas Workforce Challenge 16 ACCESS to Acceleration Scholarships, Arkansas Concurrent Challenge 17 Scholarships, and any other scholarship funded with net proceeds from the 18 state lottery. 19 20 SECTION 97. Arkansas Code § 23 -115-801(c)(1)(C), concerning the 21 scholarship programs that the Commissioner of the Division of Higher 22 Education is required to certify funding for, is amended to read as follows:. 23 (C) The Arkansas Concurrent Challenge Scholarship Program, 24 § 6-85-401 et seq.; ACCESS to Acceleration Scholarship Program, § 6 -85-701 et 25 seq.; and 26 27 SECTION 98. Arkansas Code § 23-115-801(c)(2)(D)(ii)(a), concerning the 28 distribution to recipients if funds remain after award of all scholarships 29 under the Arkansas Academic Challenge Program, is amended to read as follows: 30 (ii)(a) If available funds remain after the award of 31 all scholarships under the Arkansas Academic Challenge Program, § 6 -85-201 et 32 seq., then the available funds shall be distributed to recipients of 33 scholarships under the Arkansas Workforce Challenge Scholarship Program, § 6 -34 85-301 et seq., and the Arkansas Concurrent Challenge Scholarship Program, § 35 6-85-401 ACCESS to Acceleration Scholarship Program, § 6 -85-701 et seq., on a 36 As Engrossed: S3/6/25 S3/12/25 SB246 122 03-12-2025 14:09:05 CRH173 pro rata basis as determined by the division. 1 2 SECTION 99. Arkansas Code § 23 -115-802(c)(2) and (3), concerning the 3 process of using the Scholarship Shortfall Reserve Trust Account if net 4 proceeds are insufficient to meet scholarship funding, are amended to read as 5 follows: 6 (2) Except as provided in subdivision (c)(3)(B) of this section, 7 the Scholarship Shortfall Reserve Trust Account shall not be drawn upon to 8 fund Arkansas Workforce Challenge Scholarships under the Arkansas Workforce 9 Challenge Scholarship Program, § 6 -85-301 et seq., Arkansas Concurrent 10 Challenge Scholarships under the Arkansas Concurrent Challenge Scholarship 11 Program, § 6-85-401 ACCESS to Acceleration Scholarship Program, § 6 -85-701 et 12 seq., or any other scholarship funded with net proceeds from the state 13 lottery. 14 (3)(A) Determining the maximum amount of loans from the 15 Scholarship Shortfall Reserve Trust Account to the Arkansas Academic 16 Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce 17 Challenge Scholarship Program, § 6 -85-301 et seq., or the Arkansas Concurrent 18 Challenge Scholarship Program, § 6 -85-401 ACCESS to Acceleration Scholarship 19 Program, § 6-85-701 et seq., is the prerogative of the General Assembly. This 20 is usually accomplished by the General Assembly's delineating such funding 21 allocations for the various scholarship programs, with the approval of the 22 Administrative Rules Subcommittee of the Legislative Council and through 23 oversight as required by law by the Lottery Oversight Subcommittee of the 24 Legislative Council. Further, the General Assembly determines that the 25 Division of Higher Education may operate more efficiently with some 26 flexibility, therefore it is both necessary and appropriate that the General 27 Assembly maintain oversight by requiring prior approval of the Legislative 28 Council or the Joint Budget Committee as provided by this section. 29 (B) If the division determines it is necessary to borrow 30 from the Scholarship Shortfall Reserve Trust Account to fund scholarships 31 under the Arkansas Academic Challenge Scholarship Program, § 6 -85-201 et 32 seq., the Arkansas Workforce Challenge Scholarship Program, § 6 -85-301 et 33 seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6 -85-401 et 34 ACCESS to Acceleration Scholarship Program, § 6 -85-701 et seq., the division 35 shall first obtain review and approval from the Legislative Council or, if 36 As Engrossed: S3/6/25 S3/12/25 SB246 123 03-12-2025 14:09:05 CRH173 the General Assembly is in session, the Joint Budget Committee. 1 2 SECTION 100. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 3 this act or the application of this act to any person or circumstance is held 4 invalid, the invalidity shall not affect other provisions or applications of 5 this act that can be given effect without the invalid provision or 6 application, and to this end, the provisions of this act are declared 7 severable. 8 9 /s/J. Dismang 10 11 12 APPROVED: 3/18/25 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36