Arkansas 2025 Regular Session

Arkansas Senate Bill SB604 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 730 of the Regular Session
3	2		TNL389 04/01/2025 4:19:22 PM TNL389
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 SENATE BILL 604 3
7	6		4
8	7		By: Senator B. Davis 5
9	8		By: Representative Brooks 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE 9
13	12		REGARDING THE COURSE CHOICE PROGRAM; AND FOR OTHER 10
14	13		PURPOSES. 11
15	14		12
16	15		13
17	16		Subtitle 14
18	17		TO AMEND PROVISIONS OF THE ARKANSAS CODE 15
19	18		REGARDING THE COURSE CHOICE PROGRAM. 16
20	19		17
21	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
22	21		19
23	22		SECTION 1. Arkansas Code § 6-16-1702 is amended to read as follows: 20
24	23		6-16-1702. Definitions. 21
25	24		As used in this subchapter: 22
26	25		(1)(A) “Course provider” means an entity that offers individual 23
27	26		courses in person or online, including without limitation: 24
28	27		(A)(i) An online or virtual education provider that 25
29	28		is not a public school district or an open -enrollment public charter school ; 26
30	29		(B)(ii) A postsecondary education institution; and 27
31	30		(C)(iii) A business or entity that offers vocational 28
32	31		or technical course work in its field and has been authorized to provide such 29
33	32		courses by the State Board of Education; 30
34	33		(iv) Arkansas School for Mathematics, Sciences, and 31
35	34		the Arts; and 32
36	35		(v) An educational entity that is not a public 33
37	36		school district or an open -enrollment public charter school. 34
38	37		(B)(i) A course provider does not include a public school 35
39	38		district or an open-enrollment public charter school. 36 SB604
40	39
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42	41		(ii)(a) Except as provided under subdivision 1
43	42		(1)(B)(ii)(b) of this section, a public school district or an open -enrollment 2
44	43		public charter school may make one (1) or more courses available to eligible 3
45	44		students under this subchapter. 4
46	45		(b) A public school or an open -enrollment 5
47	46		public charter school with a rating of "D" or "F" under §§ 6 -15-2105 and 6-6
48	47		15-2106 and state board rules shall not be eligible to offer courses to 7
49	48		eligible students under this subchapter. 8
50	49		(2) “Eligible student” means any student in grades six through 9
51	50		twelve (6-12) who resides in Arkansas and meets at least one (1) of the 10
52	51		following criteria: 11
53	52		(A) Is attending a public school that does not offer the 12
54	53		course in which the student desires to enroll, as determined by the state 13
55	54		board Division of Elementary and Secondary Education ; or 14
56	55		(B) Is attending a public school that received a letter 15
57	56		grade of “C”, “D”, or “F”, or any variation thereof, under §§ 6 -15-2105 and 16
58	57		6-15-2106 and state board rules, and would like to take a required course 17
59	58		required for graduation at the eligible student's school through the Course 18
60	59		Choice Program; and 19
61	60		(3) “Non-completion” means that an enrolled student does not 20
62	61		receive a passing grade or credit for the course. 21
63	62		22
64	63		SECTION 2. Arkansas Code § 6 -16-1703 is amended to read as follows: 23
65	64		6-16-1703. Course Choice Program. 24
66	65		(a) There is established the Course Choice Program. 25
67	66		(b) To support student participation, not later than the 2025-2026 26
68	67		2026-2027 school year, the State Board of Education shall promulgate rules on 27
69	68		the Course Choice Program, including a process that includes without 28
70	69		limitation the following: 29
71	70		(1) The determination regarding whether each: 30
72	71		(A) Proposed course provider complies with the law and 31
73	72		state board State Board of Education rules; 32
74	73		(B) Proposal submitted by a proposed course provider is 33
75	74		valid, complete, financially well -structured, and educationally sound; 34
76	75		(C) Proposal submitted by a proposed course provider 35
77	76		provides a plan for collecting data; and 36 SB604
78	77
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80	79		(D) Proposal submitted by a proposed course provider 1
81	80		offers the potential for fulfilling the purposes of this subchapter; 2
82	81		(2) The provision for an independent evaluation of each proposal 3
83	82		submitted by a proposed course provider by a third party with educational, 4
84	83		organizational, legal, and financial expertise; and 5
85	84		(3) The provision for an agreement between the State Board of 6
86	85		Education and course provider that shall include without limitation a plan 7
87	86		for implementing or providing the following: 8
88	87		(A) Administration of state assessments by the course 9
89	88		provider or an eligible student's resident public school district as 10
90	89		determined by the Division of Elementary and Secondary Education and as 11
91	90		required by the school rating system under § 6 -15-2101 et seq.; 12
92	91		(B) The public school districts in which the course 13
93	92		provider will operate; 14
94	93		(C) Proposed courses offered, alignment of the courses by 15
95	94		the course provider with the Arkansas academic standards, and the designated 16
96	95		length of each course offered; and 17
97	96		(D) Alignment of the courses offered by the course 18
98	97		provider with approved Arkansas diploma requirements; and 19
99	98		(E) Assurances that the course provider shall, to the best 20
100	99		of its ability, collaborate and coordinate with a local public school 21
101	100		district in which an eligible student is enrolled full time. 22
102	101		(c)(1) The initial authorization of a course provider shall be for a 23
103	102		period of three (3) years. 24
104	103		(2)(A) After the second year of the initial authorization 25
105	104		period, the State Board of Education shall conduct a thorough review of the 26
106	105		course provider's activities and the academic performance of the eligible 27
107	106		students enrolled in courses offered by the course provider in accordance 28
108	107		with the school rating system . 29
109	108		(B) If the performance of the eligible students enrolled 30
110	109		in courses offered by the course provider does not meet performance standards 31
111	110		set by the State Board of Education under the school rating system , the State 32
112	111		Board of Education shall place the course provider on probation. 33
113	112		(d) After the initial three -year authorization period, the State Board 34
114	113		of Education may reauthorize a course provider for additional periods of not 35
115	114		less than three (3) years nor more than five (5) years after thorough review 36 SB604
116	115
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118	117		of the course provider's activities and the achievement of students enrolled 1
119	118		in courses offered by the course provider. 2
120	119		(e) The State Board of Education shall monitor and evaluate the course 3
121	120		provider in accordance with performance expectations set forth by the State 4
122	121		Board of Education in which student achievement is the predominant criterion. 5
123	122		(f)(1) The Division of Elementary and Secondary Education division 6
124	123		shall create a process for: 7
125	124		(A) Common course numbering of all courses listed in the 8
126	125		course catalog; and 9
127	126		(B) Determining whether courses are in compliance aligned 10
128	127		with Arkansas state academic standards. 11
129	128		(2) For courses offered by postsecondary educational 12
130	129		institutions that are authorized course providers, the division shall consult 13
131	130		with the Arkansas Higher Education Coordinating Board. 14
132	131		(g) Prior to the 2025-2026 school year, the The division shall create 15
133	132		a course catalog for all courses offered by a course provider, a public 16
134	133		school district, or an open-enrollment public charter school . 17
135	134		(h) The State Board of Education may promulgate rules to administer 18
136	135		the program. 19
137	136		20
138	137		SECTION 3. Arkansas Code § 6 -16-1704(a)(1), concerning policies and 21
139	138		procedures for eligible students established by each local school district 22
140	139		board of directors, is amended to read as follows: 23
141	140		(1) Credits earned through a course provider shall appear on 24
142	141		each eligible student's official transcript and count fully towards the 25
143	142		graduation requirements of any approved Arkansas diploma ; 26
144	143		27
145	144		SECTION 4. Arkansas Code § 6 -16-1704(d)(1), concerning aggregate test 28
146	145		scores of eligible students who participate in the Course Choice Program, is 29
147	146		amended to read as follows: 30
148	147		(d)(1) The aggregate test scores of eligible students under this 31
149	148		subchapter shall be counted included in the annual school performance report 32
150	149		for the public schools in which the eligible students are enrolled full time , 33
151	150		pursuant to rules promulgated by the Division of Elementary and Secondary 34
152	151		Education. 35
153	152		36 SB604
154	153
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156	155		SECTION 5. Arkansas Code § 6 -16-1705 is amended to read as follows: 1
157	156		6-16-1705. Funding — Definition. 2
158	157		(a)(1) As used in this section, “per -course amount for a course 3
159	158		provider” means an amount equal to the standard market rate as determined by 4
160	159		a course provider and reported to the Department of Education that is up to 5
161	160		one-sixth (⅙) of ninety percent (90%) eight percent (8%) of the per-pupil 6
162	161		amount each year as determined by the foundation funding amount, established 7
163	162		under § 6-20-2305, allotted per student to each public school district in 8
164	163		which an eligible student resides. 9
165	164		(2) The per-course amount for a public school district or an 10
166	165		open-enrollment public charter school shall be the amount of foundation 11
167	166		funding generated by including an eligible student in the public school 12
168	167		district's or open-enrollment public charter school's average daily 13
169	168		membership under § 6 -20-2305 for one (1) or more courses. 14
170	169		(2)(A) Any remaining funds for an eligible student, except those 15
171	170		specified under subsection (c) of this section, shall be returned to the 16
172	171		state or the public school district according to the pro rata share for the 17
173	172		per pupil amount each year as determined by the foundation funding amount for 18
174	173		the public school district in which the eligible student resides. 19
175	174		(B)(3) Transfers of course payments Payment for courses under 20
176	175		this subchapter shall be made by the department on behalf of the responsible 21
177	176		public school district in which an eligible student resides to the authorized 22
178	177		course provider. 23
179	178		(b) A course provider shall receive a per -course amount for each 24
180	179		eligible student. 25
181	180		(c)(1)(b)(1) For each eligible student, an amount equal to ten percent 26
182	181		(10%) of the per-pupil amount according to the pro rata share as determined 27
183	182		each year by the foundation funding amount, established under § 6 -20-2305, 28
184	183		allotted per student for the local school district in which an eligible 29
185	184		student resides shall remain with Each eligible student shall be included in 30
186	185		the average daily membership of the public school district in which the 31
187	186		eligible student is enrolled full time for the purpose of generating 32
188	187		foundation funding under § 6 -20-2305. 33
189	188		(2) Funds under subdivision (c)(1) (b)(1) of this section shall 34
190	189		be used to finance any administrative or operational costs to support 35
191	190		eligible students enrolled in courses offered by course providers, as 36 SB604
192	191
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194	193		determined by the State Board of Education. 1
195	194		(d)(1)(c)(1) For each eligible student, a course provider shall 2
196	195		receive payment for only the courses in which an eligible student is enrolled 3
197	196		as determined under this subchapter. 4
198	197		(2) The remaining funds for each eligible student up to the 5
199	198		maximum amount for the public school district in which the eligible student 6
200	199		resides as determined each year by the foundation funding, established under 7
201	200		§ 6-20-2305, allotted per student or the actual tuition and fees, as 8
202	201		applicable, shall remain with the participating public school district in 9
203	202		which the student is enrolled full time. 10
204	203		(e)(1)(d)(1) A course provider may charge an eligible student the cost 11
205	204		of tuition in an amount equal to the amount determined by the course provider 12
206	205		and reported to the department shall receive only the per -course amount for a 13
207	206		course provider and shall not charge an eligible student any amount above the 14
208	207		per-course amount for a course provider . 15
209	208		(2) A course provider shall accept the per -course amount as the 16
210	209		total tuition and fees for an eligible student. 17
211	210		(3)(A)(2)(A) Fifty percent (50%) of the per-course amount of 18
212	211		tuition to be for a course provider that is paid or transferred to a course 19
213	212		provider shall be paid or transferred upon after verification of eligible 20
214	213		student enrollment in a course on October 1 of each year and fifty percent 21
215	214		(50%) shall be paid or transferred upon course completion and the eligible 22
216	215		student receiving credit according to the published course length. 23
217	216		(B) If an eligible student does not complete a course, 24
218	217		according to the published course length, in which the course provider has 25
219	218		received the first payment, the course provider shall receive only forty 26
220	219		percent (40%) rather than the remaining fifty percent (50%) of the course 27
221	220		amount, but only if the eligible student completes the course and receives 28
222	221		credit for the course prior to leaving school or graduating from high school. 29
223	222		(C) For non-completion prior to leaving school or 30
224	223		graduating from high school, the course provider shall receive only fifty 31
225	224		percent (50%) of the per-course amount of tuition for course providers that 32
226	225		is paid upon eligible student enrollment in the course. 33
227	226		(4)(A) The remaining ten percent (10%) of the per -pupil amount 34
228	227		according to the pro rata share as determined each year by foundation 35
229	228		funding, established under § 6 -20-2305, allotted per student for a public 36 SB604
230	229
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232	231		school district in which an eligible student resides shall remain with the 1
233	232		public school in which the eligible student is enrolled full time. 2
234	233		(B) The amount under subdivision (e)(4)(A) of this section 3
235	234		shall be in addition to the ten percent (10%) provided under subsection (c) 4
236	235		of this section. 5
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