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Back to HB 1542
Arkansas General Assembly· HB 1542Died in House Committee at Sine Die adjournment.

An act CONCERNING PRIVATE SCHOOLS, the official text

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1 State of Arkansas          A Bill
2 95th General Assembly

3 Regular Session, 2025                                            HOUSE BILL 1542

4

5 By: Representative Wooten

6

7

8                            For An Act To Be Entitled

9   AN ACT CONCERNING PRIVATE SCHOOLS; TO REQUIRE PRIVATE

10  SCHOOLS TO ADMINISTER AN ANNUAL STATEWIDE STUDENT

11  ASSESSMENT; TO REQUIRE PRIVATE SCHOOLS TO ADMIT EACH

12  STUDENT WHO APPLIES FOR ADMISSION AND INTENDS TO USE

13  STATE FUNDING TO COVER THE COSTS ASSOCIATED WITH

14  ADMITTANCE AND ATTENDANCE AT THE PRIVATE SCHOOL; AND

15  FOR OTHER PURPOSES.

16

17

18                           Subtitle

19                       TO REQUIRE PRIVATE SCHOOLS TO ADMINISTER

20                       AN ANNUAL STATEWIDE STUDENT ASSESSMENT;

21                       AND TO REQUIRE PRIVATE SCHOOLS TO ADMIT

22                       EACH STUDENT WHO APPLIES FOR ADMISSION

23                       AND INTENDS TO COVER PRIVATE SCHOOL

24                       COSTS WITH STATE FUNDING.

25

26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

27

28  SECTION 1. Arkansas Code � 6-15-2006(a)(1)(B), concerning an annual

29 reporting of a student's statewide assessment test results, is amended to

30 read as follows:

31                       (B) The A private school, as defined in � 6-15-2907, and a

32 school district board of directors shall report to the parent, guardian, or

33 the student, if the student is eighteen (18) years of age or older, the

34 student's results on each statewide assessment test.

35

36  SECTION 2. Arkansas Code � 6-15-2907(a), concerning the implementation

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1 of a statewide student assessment system, is amended to read as follows:

2         (a)(1) The Division of Elementary and Secondary Education shall

3 implement a statewide student assessment system to be administered by

4 Arkansas public schools and private schools on a schedule determined by the

5 State Board of Education that includes the following components:

6              (1)(A) Developmentally appropriate measurements or assessments

7 for kindergarten through grade two (K-2) in literacy and mathematics;

8              (2)(A)(B)(i) High-quality, evidence-based literacy screeners for

9 kindergarten through grade three (K-3).

10                (B)(i)(ii)(a) The division shall identify the

11 literacy screeners required under subdivision (a)(2)(A) subdivision

12 (a)(1)(B)(i) of this section, which shall meet the requirements of � 6-41-603

13 and may be the same screener used for dyslexia screening.

14                                (ii)(b) The literacy screeners required under

15 subdivision (a)(2)(A) subdivision (a)(1)(B)(i) of this section shall be

16 utilized to determine student progression in reading in kindergarten through

17 grade three (K-3) and shall be:

18                                  (a)(1) Given during the first thirty

19 (30) days of the school year;

20                                  (b)(2) Repeated, if indicated, midyear;

21 and

22                                  (c)(3) Given at the end of the school

23 year.

24                                (iii)(c) The division shall collect and publish

25 aggregated public school district, open-enrollment public charter school, and

26 overall state literacy assessment results annually by October 1;

27                (3)(C) Assessments to measure English language arts,

28 mathematics, and science as identified by the state board;

29                (4)(D) Assessments of English proficiency of all English

30 learners; and

31                (5)(A)(E)(i) Assessments to measure college and career

32 readiness.

33                (B)(i)(ii)(a) A public school or private school that

34 serves a student in grades ten through twelve (10-12) shall administer

35 college and career readiness assessments, including a career readiness

36 assessment that leads to a nationally recognized work readiness certificate,

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1 as determined by the state board to each student before he or she graduates

2 from high school.

3                              (ii)(b) A career readiness assessment under

4 subdivision (a)(5)(B)(i) subdivision (a)(1)(E)(ii)(a) of this section may

5 include without limitation the ACT WorkKeys National Career Readiness

6 Certificate (NCRC).

7                      (C)(i)(iii)(a) Public school districts may offer

8 additional college and career readiness assessments for students in grades

9 ten through twelve (10-12) at no cost to the student by using public school

10 district funding, including without limitation Enhanced Student Achievement

11 Funding under � 6-20-2305.

12                             (ii)(b) A Platinum, Gold, Silver, or Bronze

13 credential through the ACT WorkKeys National Career Readiness Certificate

14 (NCRC) shall be used by an institution of higher education as transcribable

15 credit toward the attainment of a postsecondary technical degree.

16           (2) However, any costs associated with the administration of a

17 statewide student assessment system by a private school shall be entirely

18 covered by the private school.

19

20       SECTION 3. Arkansas Code � 6-15-2907(d)-(f), concerning requirements

21 regarding the statewide student assessment system, are amended to read as

22 follows:

23       (d) A public school district or private school, at its own expense,

24 may assess the academic achievement and growth of students by other means in

25 addition to the required statewide student assessment system.

26       (e) All students enrolled in a public school district or private

27 school shall participate in the statewide student assessment system.

28       (f) Public school district boards of directors and private schools

29 shall not establish school calendars that limit or interfere with student

30 participation in the statewide student assessment system.

31

32       SECTION 4. Arkansas Code � 6-15-2907(h), concerning requirements

33 regarding the statewide student assessment system, is amended to read as

34 follows:

35       (h) The division shall provide for statewide student assessments that

36 are:

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1            (1) Valid and reliable;

2            (2) Obtained or developed, as appropriate, through contracts and

3 project agreements;

4            (3) Aligned to the Arkansas academic standards; and

5            (4) Scored and returned for public school, and public school

6 district, and private school use by August 1 of each year.

7

8         SECTION 5. Arkansas Code � 6-15-2907(i)(1), concerning statewide

9 student assessment system security and confidentiality, is amended to read as

10 follows:

11        (i)(1) Public schools, public school districts, private schools, and

12 educators shall maintain assessment security and confidentiality.

13

14        SECTION 6. Arkansas Code � 6-15-2907(i)(3), concerning breach of

15 security and confidentiality requirements for the statewide student

16 assessment system, is amended to read as follows:

17           (3) A violation by a public school, a public school district, a

18 private school, or an educator of the security or confidential integrity of

19 any test or assessment may result in action by the state board under �� 6-17-

20 410 and 6-17-428 or under the rules promulgated by the state board to

21 implement this subchapter.

22

23        SECTION 7. Arkansas Code � 6-15-2907(l), concerning the analysis and

24 reporting of student performance data, is amended to read as follows:

25        (l) Public school districts and private schools shall analyze and

26 report student performance data to students, parents, and the community, if

27 the disclosures are not in conflict with applicable federal law and state

28 law.

29

30        SECTION 8. Arkansas Code � 6-15-2907, concerning the implementation of

31 a statewide student assessment system, is amended to add an additional

32 subsection to read as follows:

33        (m) As used in this section, "private school" means a nonpublic school

34 that:

35           (1) Offers instruction for students in kindergarten through

36 grade twelve (K-12) in this state; and

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1   (2) Receives any type of state funding in any amount.

2

3   SECTION 9. Arkansas Code � 6-15-2909(a), concerning dissemination of

4 personally identifiable information with regard to the public availability of

5 test instruments and scores, is amended to read as follows:

6   (a) Any material containing the personally identifiable information,

7 including without limitation identifiable scores, of individual students on

8 any test taken under the provisions of this subchapter shall not be:

9   (1) Considered a public record within the meaning of the Freedom

10 of Information Act of 1967, � 25-19-101 et seq.; or

11  (2) Disseminated or otherwise made available to the public by a

12 member of the State Board of Education, an employee of the Division of

13 Elementary and Secondary Education, a member of the board of directors of a

14 school district, an employee of a school district, an administrator or

15 employee of a private school, or any other person, except as permitted under

16 the provisions of the Family Educational Rights and Privacy Act of 1974, 20

17 U.S.C. � 1232g, as it existed on January 1, 2017.

18

19  SECTION 10. Arkansas Code Title 6, Chapter 18, Subchapter 2, is

20 amended to add an additional section to read as follows:

21  6-18-237. Private school -- Admittance requirements.

22  (a)(1) A private school shall admit each student who:

23  (A) Applies for admission to the private school; and

24  (B) Intends to use state funds to cover the costs associated

25 with admittance and attendance at the private school.

26  (2)(A) A private school that accepts state funds may claim a

27 lack of capacity to admit a student who applies for admission to the private

28 school only if the private school has reached the maximum student-to-teacher

29 ratio permitted under federal law or other applicable state or federal rules.

30  (B) On or before May 31, a private school that accepts

31 state funds shall submit to the Division of Elementary and Secondary

32 Education a report detailing its capacity for the upcoming school year.

33  (b) As used in this section, "state funds" means without limitation

34 the use of any form of state funds awarded to a student, including without

35 limitation state funds awarded to a student under the following programs:

36  (1) The Philanthropic Investment in Arkansas Kids Program Act, �

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1 6-18-2301 et seq.; and

2   (2) The Arkansas Children's Educational Freedom Account Program,

3 � 6-18-2501 et seq.

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