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Arkansas General Assembly· SB 246Notification that SB246 is now Act 340

An act TO CREATE THE ARKANSAS ACCESS ACT, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas       As Engrossed: S3/6/25 S3/12/25
2 95th General Assembly
                                   A Bill

3 Regular Session, 2025                                          SENATE BILL 246

4

5 By: Senator J. Dismang

6 By: Representatives M. Shepherd, Evans, Beaty Jr., Brooks, Eubanks, Wardlaw, Barker, K. Brown, M.

7 Brown, John Carr, Cavenaugh, Crawford, Gramlich, Hawk, McAlindon, McClure, S. Meeks, Nazarenko,

8 Rose, Torres, Wing, Achor, Beck, Eaves, Unger, Andrews

9

10                        For An Act To Be Entitled

11  AN ACT TO CREATE THE ARKANSAS ACCESS ACT; TO AMEND

12  VARIOUS PROVISIONS OF THE ARKANSAS CODE AS THEY

13  RELATE TO EDUCATION IN THE STATE OF ARKANSAS; AND FOR

14  OTHER PURPOSES.

15

16

17                                      Subtitle

18                       TO CREATE THE ARKANSAS ACCESS ACT; AND

19                       TO AMEND VARIOUS PROVISIONS OF THE

20                       ARKANSAS CODE AS THEY RELATE TO

21                       EDUCATION IN THE STATE OF ARKANSAS.

22

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

24

25  SECTION 1. DO NOT CODIFY. Title.

26  This act shall be known and may be cited as the "Arkansas ACCESS Act".

27

28  SECTION 2. Arkansas Code � 6-1-404(a), concerning the membership of

29 the School Leadership Coordinating Council, is amended to read as follows:

30  (a) The School Leadership Coordinating Council consists of seventeen

31 (17) the following members as follows:

32  (1) The Chair of the Arkansas Association of Colleges for

33 Teacher Education Council of Deans;

34  (2) The Commissioner of Elementary and Secondary Education;

35  (3) The Director of the Arkansas Leadership Academy;

36  (4)(2) The Commissioner of the Division of Higher Education;

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1               (5)(3) The Director of the Division of Career and Technical

2 Education;

3               (6) The Executive Director of the Arkansas Association of

4 Educational Administrators;

5               (7) The Executive Director of the Arkansas Education

6 Association;

7               (8) The Executive Director of the Arkansas School Boards

8 Association;

9               (9) The Executive Director of the Arkansas Association for

10 Supervision and Curriculum Development;

11              (10) The Executive Director of the Arkansas Rural Ed

12 Association;

13              (11) A representative from the Arkansas Professors of

14 Educational Administration;

15              (12) A representative from the Arkansas Center for Executive

16 Leadership;

17              (13) A representative from an education service cooperative;

18              (14) A representative from the Arkansas Public School Resource

19 Center, Inc.;

20              (15) A representative from the Arkansas State Teachers

21 Association;

22              (16)(4) The Chair of the Senate Committee on Education or the

23 chair's designee; and

24              (17)(5) The Chair of the House Committee on Education or the

25 chair's designee; and

26              (6) Other stakeholders as deemed necessary by the members

27 designated under subdivisions (a)(1)-(5) of this section.

28

29  SECTION 3. Arkansas Code � 6-1-404(d), concerning meetings of the

30 School Leadership Coordinating Council, is amended to read as follows:

31  (d)(1) The council shall meet at the times and places that the Chair

32 of the School Leadership Coordinating Council deems necessary but no less

33 than four (4) times per year.

34              (2) Seven (7) A majority of the members of the council shall

35 constitute a quorum for the purpose of transacting business.

36              (3) All actions of the council are by quorum.

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1

2   SECTION 4. Arkansas Code Title 6, Chapter 5, Subchapter 11 is

3 repealed.

4   Subchapter 11 -- Council on Postsecondary Education and Career Readiness

5   6-5-1101. Legislative intent.

6   The General Assembly finds that:

7            (1) Public schools should help all students:

8                    (A) Have the reading, writing, and mathematics skills

9 needed to succeed in all first-year coursework in associate and baccalaureate

10 degree programs in non-mathematics-based majors; and

11                   (B) Be ready for as many career options as possible by

12 having a base level of employability; and

13           (2) The development of college and career readiness standards

14 should be undertaken as an integrative process among:

15                   (A) The General Assembly;

16                   (B) State agencies that regulate and support the public

17 educational systems of the state;

18                   (C) Kindergarten, elementary, secondary, and postsecondary

19 educational institutions; and

20                   (D) The public.

21

22  6-5-1102. Council on Postsecondary Education and Career Readiness

23 established -- Membership -- Meetings.

24  (a) This subchapter establishes the Council on Postsecondary Education

25 and Career Readiness to facilitate the collaboration of kindergarten,

26 elementary, secondary, and postsecondary educational institutions in Arkansas

27 in developing college and career readiness standards that align school

28 curriculum and graduation standards with postsecondary education requirements

29 and business community expectations for employability.

30  (b) The council shall consist of eleven (11) members as follows:

31           (1) The Commissioner of Elementary and Secondary Education or

32 his or her designee;

33           (2) The Commissioner of the Division of Higher Education or his

34 or her designee;

35           (3) The Director of the Division of Career and Technical

36 Education or his or her designee;

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1           (4) The Director of the Arkansas Economic Development Commission

2 or his or her designee;

3           (5) The Director of the Division of Workforce Services or his or

4 her designee;

5           (6) A president or chancellor of an Arkansas four-year

6 institution of higher education or his or her designee, appointed annually by

7 the Commissioner of the Division of Higher Education;

8           (7) The Executive Director of the Arkansas Association of

9 Educational Administrators or his or her designee;

10          (8) The Executive Director of Arkansas Community Colleges or his

11 or her designee;

12          (9) The Executive Director of the Arkansas Education Association

13 or his or her designee;

14          (10) The Executive Director of the Arkansas School Boards

15 Association or his or her designee; and

16          (11) The President of the Arkansas State Chamber of Commerce and

17 the Associated Industries of Arkansas or his or her designee.

18        (c)(1) The Commissioner of Elementary and Secondary Education or his

19 or her designee shall call the first meeting of the council and serve as

20 chair for the first meeting.

21          (2) The first meeting shall occur within thirty (30) days of the

22 effective date of this subchapter.

23        (d) At the first meeting of the council and annually thereafter, the

24 voting members of the council shall elect one (1) member to serve as chair

25 for one (1) year.

26        (e)(1) All members are voting members except the chair, who may vote

27 only to break a tie vote.

28          (2) A majority of the members shall constitute a quorum for the

29 transaction of business.

30        (f) The council shall meet at least three (3) times in a calendar

31 year.

32        (g) The Department of Education shall provide meeting space and staff

33 for the council.

34        (h) Council members shall serve without pay and shall not receive

35 expense reimbursement except from the agency or institution employing the

36 member.

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1

2         6-5-1103. Powers and duties.

3         (a) The Council on Postsecondary Education and Career Readiness shall:

4               (1) Develop a unified strategy to:

5               (A) Reduce remediation rates among high school graduates

6 entering postsecondary education by at least fifty percent (50%) by the year

7 2020; and

8               (B) Increase postsecondary graduation and completion

9 rates;

10              (2)(A) Support college and career readiness standards that:

11              (i) Require higher performance levels than those

12 currently required for high school graduation; and

13              (ii) Promote accelerated learning opportunities,

14 including without limitation Advanced Placement courses, concurrent credit

15 opportunities, and other accelerated opportunities with college or

16 vocational-technical school assistance to ensure that all students have the

17 skills to be successful in either employment or postsecondary education.

18              (B) College and career readiness standards shall be

19 implemented with the understanding that until July 1, 2022, interim high

20 school graduation standards may be used until the high school graduation

21 standards adopted by the State Board of Education are equal to the college

22 and career readiness standards;

23              (3) Develop a successful transition-to-work matrix that schools

24 and students may use to help students develop employment skills;

25              (4) Develop guidelines for secondary school intervention

26 programs and transitional courses;

27              (5) Develop guidelines for professional development for teachers

28 of transitional courses and opportunities for collaboration among high

29 school, vocational-technical school, and college faculty to ensure that

30 transitional courses target gaps in students' college and career readiness

31 skills; and

32              (6) Provide the reports required under this subchapter.

33        (b)(1) The council shall establish working groups of its members, or

34 staff of the agencies or institutions employing the members, to direct the

35 planning process and strategic implementation of its plans.

36              (2) The working groups shall:

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1                     (A) Develop goals and action plans;

2                     (B) Identify resources; and

3                     (C) Determine expected outcomes to measure for each

4 strategy promoting college and career readiness and postsecondary completion.

5

6   6-5-1104. Reporting requirements.

7   (a) By June 30, 2014, the Council on Postsecondary Education and

8 Career Readiness shall:

9              (1) Develop a written plan to reduce remediation rates and

10 increase postsecondary graduation rates, including without limitation:

11                    (A) Annual goals;

12                    (B) Action strategies;

13                    (C) Assigned responsibilities for implementing strategies;

14                    (D) Timelines; and

15                    (E) Reporting mechanisms;

16             (2) Provide the written plan to:

17                    (A) The House Committee on Education and the Senate

18 Committee on Education;

19                    (B) The board of directors of each school district and

20 open-enrollment charter school in this state; and

21                    (C) The governing board of each state-supported

22 institution of higher education in this state; and

23             (3) Encourage each school district board of directors and the

24 governing board of each state-supported institution of higher education in

25 the state to participate in the council's plan and to work collaboratively to

26 reduce the remediation rates and further postsecondary graduation and

27 completion rates.

28  (b) By June 30, 2015, and annually thereafter, the council shall

29 report to the House Committee on Education and the Senate Committee on

30 Education:

31             (1) The progress of the council's work for the year; and

32             (2) Its recommendations, which may include without limitation

33 proposals for legislative action.

34

35  SECTION 5. Arkansas Code Title 6, Chapter 5, Subchapter 12 is amended

36 to read as follows:

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1 Subchapter 12 -- Advanced Placement Training and Incentive Program Accelerated

2                                   Learning

3

4   6-5-1201. Established Definition.

5   There is established the Advanced Placement Training and Incentive

6 Program.

7   As used in this subchapter, "accelerated learning" means an organized

8 method of learning that enables a student to meet individual academic goals

9 and graduation requirements while pursuing higher levels of skill

10 development, including without limitation the following coursework:

11          (1) A College Board pre-Advanced Placement and Advanced

12 Placement course;

13          (2) An International Baccalaureate Diploma Programme course;

14          (3) A Cambridge Advanced International Certificate of Education

15 course;

16          (4) A concurrent credit course; and

17          (5) A substantively similar course or program approved by the

18 Division of Elementary and Secondary Education.

19

20  6-5-1202. Purpose of Advanced Placement Training and Incentive Program

21 accelerated learning -- Grant funding.

22  (a) The purpose of the Advanced Placement Training and Incentive

23 Program accelerated learning is to:

24          (1) Prepare more students for:

25                    (A) Success in higher education;

26                    (B) Postsecondary training; and

27                    (C) Careers in science, technology, engineering, and

28 mathematics High-wage, high-demand careers;

29          (2) Increase the number of students who graduate from

30 institutions of higher education; and

31          (3) Support and enhance Advanced Placement accelerated learning

32 initiatives already operating in the state.

33  (b)(1) The Division of Elementary and Secondary Education shall

34 provide grant funding to organizations that implement measures to achieve the

35 goals of the Advanced Placement Training and Incentive Program accelerated

36 learning as determined by the division.

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1         (2) An organization that receives grant funding to implement the

2 Advanced Placement Training and Incentive Program under this subchapter

3 shall:

4                   (A) Be affiliated with the National Math and Science

5 Initiative; and

6                   (B) Have demonstrated success with an Advanced Placement

7 Training and Incentive Program.

8         (3) An organization that receives grant funding to provide the

9 Advanced Placement Training and Incentive Program accelerated learning may

10 without limitation:

11                  (A) Develop public-private partnerships to advance math

12 and science learning opportunities;

13                  (B) Generate revenue from public or private sector

14 entities to support other opportunities; or and

15                  (C) Accept grants, donations, gifts, or bequests.

16        (c) Grant funding provided by the division to an organization under

17 this subchapter shall be used to:

18        (1) Support and enhance the Advanced Placement Training and

19 Incentive Program accelerated learning;

20        (2) Pay for personal services and operating expenses required to

21 carry out the Advanced Placement Training and Incentive Program accelerated

22 learning; and

23        (3) Pay for technology, materials, assessments, and other

24 resources used in the Advanced Placement Training and Incentive Program

25 accelerated learning.

26

27        6-5-1203. Components and goals of Advanced Placement Training and

28 Incentive Program accelerated learning.

29        (a) The Advanced Placement Training and Incentive Program Accelerated

30 learning shall:

31        (1) Provide advanced placement accelerated learning content

32 directors to work, mentor, and provide resources to advanced placement and

33 pre-advanced placement accelerated learning teachers in the areas of:

34                  (A) Mathematics;

35                  (B) Science; and

36                  (C) English;

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1             (2) Provide nationally recognized professional development for

2 advanced placement and pre-advanced placement accelerated learning teachers

3 that will enhance the knowledge and pedagogical skills of the teachers; and

4             (3) Develop and provide materials and resources for advanced

5 placement and pre-advanced placement accelerated learning teachers.

6   (b) The overall goal of the Advanced Placement Training and Incentive

7 Program accelerated learning is to:

8             (1) Increase the number of students enrolled in Advanced

9 Placement accelerated learning mathematics, science, and English;

10            (2) Increase the number of students who score three (3) or more

11 on Advanced Placement exams;

12            (3) Reduce the participation gaps and performance gaps in

13 Advanced Placement classes between African-American, Hispanic, and Caucasian

14 students;

15            (4) Help public high schools Ensure school districts develop

16 strong and successful Advanced Placement programs accelerated learning for

17 public high schools;

18            (5)(3) Enhance and augment Advanced Placement accelerated

19 learning policies and initiatives in Arkansas;

20            (6)(4) Provide the Advanced Placement Training and Incentive

21 Program accelerated learning in every public high school that elects to

22 participate and strengthen its Advanced Placement program accelerated

23 learning; and

24            (7) (5) Increase the number of students prepared to enter

25 science, technology, engineering, and mathematics fields in higher education

26 or related training and occupations.

27

28  6-5-1204. Participation in Advanced Placement Training and Incentive

29 Program accelerated learning.

30  (a) An organization that receives grant funding to provide the

31 Advanced Placement Training and Incentive Program accelerated learning shall

32 publish a list of program fees on or before June 1 each year.

33  (b) A public high school is eligible to participate in the Advanced

34 Placement Training and Incentive Program accelerated learning.

35  (c)(1) A public high school that chooses to participate in the

36 Advanced Placement Training and Incentive Program school's accelerated

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1 learning shall pay a participation and the required service fee determined by

2 the organization.

3               (2) A public high school may choose either to participate fully

4 in the Advanced Placement Training and Incentive Program or to participate on

5 a limited basis, in which case the public high school shall pay a fee for

6 each service the public high school elects to use.

7

8   6-5-1205. Funding for accelerated learning.

9   (a) Contingent upon legislative appropriations and based on criteria

10 established by the Division of Elementary and Secondary Education, a school

11 that is offering accelerated learning may be awarded a one-time equipment and

12 instructional materials grant for providing an accelerated learning course.

13  (b) Contingent upon legislative appropriation and the availability of

14 funding, the state may pay in full or on a pro rata basis the cost of the

15 accelerated learning test fees.

16  (c) The State Board of Education may promulgate rules to implement

17 this subchapter.

18

19  SECTION 6. Arkansas Code � 6-13-629(a)(3)-(5), concerning the training

20 and instruction regarding interpretation of audit reports that school board

21 of directors members must receive, is amended to read as follows:

22              (3)(A) The training and instruction required under this section

23 shall include:

24                   (i) Topics relevant to school laws and school

25 operations;

26                   (ii) The powers, duties, and responsibilities of the

27 members of the a board of directors, including without limitation:

28                   (a) Legal requirements, including without

29 limitation:

30                                  (1) The items listed or required by the

31 Legislative Joint Auditing Committee under � 6-1-101; and

32                                  (2) Other financial laws, rules, or

33 federal regulations designated by the Division of Elementary and Secondary

34 Education;

35                   (b) Role differentiation;

36                   (c) Financial management, including without

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1 limitation how to read and interpret an audit report; and

2                              (d) Improving student achievement; and

3                           (iii) Information regarding school safety and

4 student discipline.

5                 (B) The training or instruction on how to read and

6 interpret an audit report required under subdivision (a)(3)(A)(ii)(c) of this

7 section shall be conducted:

8                           (i) By a person who:

9                              (a) Is licensed to practice accounting by the

10 Arkansas State Board of Public Accountancy;

11                             (b) Has prior experience in conducting a

12 school district financial audit;

13                             (c) Is not an employee of Arkansas Legislative

14 Audit unless the training or instruction is conducted for the boards of

15 directors of multiple school districts; and

16                             (d) Is not the person conducting the annual

17 audit or other financial audit of the school district unless the training or

18 instruction is presented in a large group setting sponsored by a statewide or

19 regional organization that is attended by multiple school districts;

20                          (ii) Under the consultation or supervision of an

21 individual who qualifies under subdivision (a)(3)(B)(i) of this section as

22 part of a program that is provided:

23                             (a) By an institution of higher education

24 located in Arkansas; or

25                             (b) From instruction sponsored or approved by

26 the Department of Education; or

27                             (c) By an in-service training conducted by or

28 through the Arkansas School Boards Association; and

29                          (iii) By electronic means or in person, or both.

30  (4) Hours of training and instruction obtained in excess of the

31 minimum requirements each year may accumulate and be carried forward from

32 year to year.

33  (5) This instruction may be received from an institution of

34 higher education in this state, or from instruction sponsored or approved by

35 the Department of Education, or by an in-service training program conducted

36 by or through the Arkansas School Boards Association department.

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1

2   SECTION 7. Arkansas Code � 6-13-808 is repealed.

3   6-13-808. The Arkansas Traveling Teacher Program.

4   (a) The Arkansas Traveling Teacher Program is hereby established and

5 shall be administered by the Division of Elementary and Secondary Education

6 with the assistance of public school districts and education service

7 cooperatives.

8   (b)(1) Pursuant to the provisions of this section, and to the extent

9 sufficient funding is available, the following persons and public school

10 districts may enter into an agreement to provide traveling teacher services

11 for one (1) or more receiving school districts for one (1) or more courses

12 required by the Standards for Accreditation of Arkansas Public Schools and

13 School Districts and any Advanced Placement courses required by � 6-16-1204:

14                    (A) A traveling teacher who is appropriately licensed in

15 Arkansas as a teacher and employed on a full-time equivalent basis by a host

16 school district;

17                    (B) A host school district that is an Arkansas public

18 school district with a student population of eight thousand (8,000) students

19 or fewer and that desires to provide traveling teacher services to a

20 receiving school district; and

21                    (C) A receiving school district that is a public school

22 district other than the host school district and that desires to receive

23 traveling teacher services.

24             (2) The parties shall enter into a written agreement, in the

25 form established by the division, that shall include without limitation the

26 following:

27                    (A) That the traveling teacher is to provide professional

28 teaching services to the receiving school district for one (1) or more

29 required courses;

30                    (B) The amount of the bonus to be provided to the

31 traveling teacher under subdivision (c)(1)(A) of this section;

32                    (C) For each course to be taught under the agreement:

33                    (i) A description of the course;

34                    (ii) The time and day for teaching each course; and

35                    (iii) The exact location where the course will be

36 taught;

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1                   (D)(i) Whether the agreement is for a school semester or a

2 school year.

3                        (ii) No agreement shall be for a time period longer

4 than a school year or shorter than a school semester;

5                   (E)(i) That the receiving school district will reimburse

6 the host school district for the time the traveling teacher is not working in

7 the host school district.

8                        (ii) The reimbursement shall be the receiving school

9 district's pro rata share of the traveling teacher's time based on the hourly

10 rate of the traveling teacher's contract with the host school district;

11                  (F) That at all times during the period of the agreement,

12 the traveling teacher is an employee of the host school district and is

13 subject to the personnel policies and contractual obligations of the host

14 school district; and

15                  (G)(i) That sufficient time will be allowed for the

16 traveling teacher to travel to and from the host school district and the

17 receiving school district.

18                       (ii) The division shall not approve an agreement

19 under this section unless the agreement requires the traveling teacher to be

20 physically present in the receiving school district while the traveling

21 teacher is teaching any course specified in the agreement.

22  (3) The agreement shall be reviewed and approved by the division

23 under subsection (f) of this section.

24  (c) To the extent the agreement is approved by the division:

25  (1)(A) Upon completion of the traveling teacher's services

26 provided under the agreement and under the terms of the agreement, the host

27 school district shall pay the traveling teacher, in addition to the amount

28 required by the teacher's annual teacher's contract with the host school

29 district a bonus of either:

30                       (i) Two thousand dollars ($2,000) for a semester

31 agreement; or

32                       (ii) Four thousand dollars ($4,000) for a full school

33 year agreement.

34                  (B) The division shall reimburse the host school district

35 for the amount of bonus paid to the traveling teacher; and

36  (2)(A) The host school district shall reimburse the traveling

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1 teacher for expenses related to travel to and from a receiving school

2 district at the appropriate state rate of reimbursement in existence and

3 approved by the Department of Finance and Administration for the school year

4 in which the traveling teacher's services are provided.

5                 (B) The division shall reimburse the host school district

6 for the amount of travel reimbursement paid by the host school district to

7 the traveling teacher.

8   (d) Neither the division nor the State of Arkansas shall be obligated

9 or liable to reimburse any bonus or travel expenses incurred under an

10 agreement for traveling teacher services under this section if the division

11 has not reviewed and approved the entire agreement.

12  (e) The division may, if feasible and if funding is available,

13 establish an online registry of public school teachers willing to enter into

14 an agreement for traveling teacher services under this section with

15 information concerning the teacher's employing school district and any course

16 the teacher is qualified to teach.

17  (f)(1) All proposed agreements among a host school district, a

18 receiving school district, and a traveling teacher shall be submitted to the

19 division by a date certain for review and approval by the division.

20            (2) The division shall review each agreement with all requisite

21 authority to approve or deny the agreement based on the provisions of law,

22 rule, availability of funding, and discretionary determination as to the best

23 use of state resources and funding.

24            (3) The division shall endeavor to consider approval of an

25 agreement to:

26                (A) Place a traveling teacher with a receiving school

27 district to maximize the efficiency of the traveling teacher's service to

28 both the host and receiving school districts; and

29                (B) Minimize the extent and duration of any travel

30 required.

31  (g)(1) The division shall establish any rules and agreement forms

32 necessary for the administration of the Arkansas Traveling Teacher Program.

33            (2) In establishing the rules, the division shall:

34                (A) Prioritize the approval of agreements for traveling

35 teacher services based on subject-area course needs;

36                (B) Establish appropriate travel limitations;

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1   (C) Develop a method of equitable distribution of

2 traveling teachers among the area's education service cooperatives; and

3   (D) Provide a means by which education service

4 cooperatives may assist in facilitating traveling teachers.

5   (h) No provision of this section is intended or should be interpreted

6 to waive any immunity or defense of the State of Arkansas or its various

7 agencies, boards, or commissions and no person shall be deemed to have any

8 legal entitlement, recourse, or cause of action against the State of Arkansas

9 or its various agencies, boards, or commissions based on the terms,

10 conditions, or provisions of this section.

11  (i) [Repealed.]

12

13  SECTION 8. Arkansas Code � 6-15-202(f)(21), concerning reporting of

14 statutory requirements of accelerated learning by a superintendent, is

15 amended to read as follows:

16

17  (21) Section 6-16-1201 et seq. and � 6-5-1201 et seq. concerning

18 advanced placement and concurrent enrollment accelerated learning;

19

20  SECTION 9. Arkansas Code � 6-15-214 is amended to read as follows:

21  6-15-214. Advanced placement Accelerated learning course counted as

22 core curriculum course taught.

23  (a) The purpose of this section is to assist small, rural public

24 schools in providing students access to the most rigorous courses available

25 if it is the desire of students to take advanced placement accelerated

26 learning courses in the place of regular courses and, in doing so, to meet

27 the requirements of the Standards for Accreditation of Arkansas Public

28 Schools and School Districts.

29  (b)(1) The Division of Elementary and Secondary Education acknowledges

30 that the rigor and level of difficulty of advanced placement accelerated

31 learning courses exceed the requirements of regular courses.

32  (2) Such rigor and level of difficulty are validated through the

33 required advanced placement audit and advanced placement examinations All

34 accelerated learning courses shall meet the approved program requirements.

35  (3) The State Board of Education may deny courses that do not

36 meet the approved program requirements.

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1   (c) The State Board of Education state board shall consider an

2 advanced placement accelerated learning course as being taught for one (1) of

3 the required courses under the Standards for Accreditation of Arkansas Public

4 Schools and School Districts if:

5               (1) The public school district has a qualified teacher for the

6 required course;

7               (2) No students enrolled in the required course;

8               (3) An advanced placement accelerated learning course in the

9 same subject area as the required course has students enrolled in the

10 advanced placement accelerated learning course;

11              (4) The public school district teaches all other courses

12 required by the Standards for Accreditation of Arkansas Public Schools and

13 School Districts; and

14              (5)(A) The public school district teaches the required course to

15 any student who enrolls in the public school district after the school year

16 begins.

17                  (B) The public school district may teach the required

18 course to a new student:

19                        (i) In a traditional classroom setting;

20                        (ii) Through distance learning with a qualified

21 teacher; or

22                        (iii) By modifying the advanced placement accelerated

23 learning course on an individual level to accommodate the new student.

24  (d)(1) The public school district shall notify the division after

25 registration in the spring before the beginning of the new school year and

26 immediately after the school year begins if no students enrolled in the

27 required course and the public school district will seek to meet the

28 Standards for Accreditation of Arkansas Public Schools and School Districts

29 using the advanced placement accelerated learning course.

30              (2) Upon receiving the public school district notification and

31 after spring registration, the division shall permit the public school

32 district to meet the Standards for Accreditation of Arkansas Public Schools

33 and School Districts by teaching the advanced placement accelerated learning

34 course in place of the required course.

35  (e) If a new student enrolls in the required course, the public school

36 district shall immediately notify the division.

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1   (f) The division shall establish procedures to ensure that no student

2 is coerced into taking an advanced placement accelerated learning course for

3 the purpose of meeting the Standards for Accreditation of Arkansas Public

4 Schools and School Districts.

5

6   SECTION 10. Arkansas Code � 6-15-215 is repealed.

7   6-15-215. The Arkansas Smart Core Incentive Funding Program --

8 Definitions.

9   (a) The General Assembly finds that:

10  (1) The skills and knowledge gained through Arkansas's Smart

11 Core curriculum provide the academic foundation required for high school

12 graduates to succeed in their first year of college or in a job that promises

13 a well-paying career track; and

14  (2) School districts should encourage all students who are

15 capable of completing the Smart Core curriculum to do so.

16  (b) As used in this section:

17  (1) "Eligible high school" means each public high school in a

18 school district that meets the criteria to receive incentive funding under

19 subsection (f) of this section and the program rules adopted under this

20 section by the State Board of Education;

21  (2) "Smart Core" means the curriculum established by the

22 Division of Elementary and Secondary Education under the Standards for

23 Accreditation of Arkansas Public Schools and School Districts that is part of

24 Smart Future, a state initiative focused on improving Arkansas public high

25 schools for all students; and

26  (3) "Smart Core graduate" means a student who graduated from an

27 Arkansas public high school after having successfully completed the Smart

28 Core curriculum.

29  (c) The Arkansas Smart Core Incentive Funding Program is established

30 to provide a financial incentive to:

31  (1) Assist with a public high school's efforts to encourage

32 public high school students to complete the Smart Core curriculum;

33  (2) Promote programs that contribute to student success,

34 including without limitation:

35                   (A) Tutoring;

36                   (B) Quality after-school and summer programs that may

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1 include literacy, math, and science specialists in elementary school; and

2             (C) Professional development for mathematics, science,

3 literacy, foreign language, and Advanced Placement instruction; and

4             (3) Provide support to school counselors to improve student

5 services.

6   (d)(1)(A) A school district that receives incentive funding under this

7 section shall provide the incentive funding to each eligible high school in

8 the school district.

9             (B) The eligible high school shall spend the incentive

10 funding only for the purposes identified in subsection (c) of this section.

11            (2) A school district that receives incentive funding under the

12 program shall not use the incentive funding to provide increases to the

13 salary schedule of the school district.

14  (e)(1) Subject to an appropriation and available funding for the

15 program, the division shall pay incentive funding to a school district under

16 this section based on an annual percentage of Smart Core graduates from a

17 public high school in the school district.

18            (2)(A) The division shall make the calculation based on a

19 student record analysis conducted annually by the division beginning with the

20 graduating class of 2010.

21            (B) The division shall exclude from the student record

22 analysis a student with an individualized education program that does not

23 require the student to complete the Smart Core curriculum.

24  (f)(1) By June 30 of each year, the division shall pay to a school

25 district incentive funding under the program as follows:

26            (A) If one hundred percent (100%) of a public high

27 school's graduates in the immediately preceding school year completed the

28 Smart Core curriculum, the school district where the public high school is

29 located shall receive one hundred twenty-five dollars ($125) per Smart Core

30 graduate;

31            (B) If at least ninety-five percent (95%) but less than

32 one hundred percent (100%) of a public high school's graduates in the

33 immediately preceding school year completed the Smart Core curriculum, the

34 school district where the public high school is located shall receive one

35 hundred dollars ($100) per Smart Core graduate; and

36            (C) If at least ninety percent (90%) but less than ninety-

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1 five percent (95%) of a public high school's graduates in the immediately

2 preceding school year completed the Smart Core curriculum, the school

3 district where the public high school is located shall receive fifty dollars

4 ($50.00) per Smart Core graduate.

5               (2) The division shall not pay incentive funding to a school

6 district for a public high school in which less than ninety percent (90%) of

7 its graduates complete the Smart Core curriculum.

8               (3) If a public high school's graduation rate falls below the

9 average graduation rate for the public high school for the previous three (3)

10 school years, the school district is not eligible to receive the full

11 incentive award under the program for the public high school.

12        (g) Participation in the program is voluntary.

13        (h) This section is effective from July 1, 2009, through June 30,

14 2020.

15

16        SECTION 11. Arkansas Code �� 6-15-901 and 6-15-902 are amended to read

17 as follows:

18        6-15-901. Definition.

19        For the purposes of this subchapter, "advanced placement course

20 accelerated learning" means a course of instruction that qualifies for

21 college credit and that is approved for credit as a high school course by the

22 State Board of Education an organized method of learning that enables a

23 student to meet individual academic goals and graduation requirements while

24 pursuing higher levels of skill development, including without limitation the

25 following coursework:

26              (1) A College Board pre-Advanced Placement and Advanced

27 Placement course;

28              (2) An International Baccalaureate Diploma Programme course;

29              (3) A Cambridge Advanced International Certificate of Education

30 course;

31              (4) A concurrent credit course; and

32              (5) A substantively similar course or program approved by the

33 Division of Elementary and Secondary Education.

34

35        6-15-902. Grading scale -- Exemptions -- Special education classes.

36        (a) The following grading scale shall be used by all public secondary

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1 schools in the state for all courses, except Advanced Placement accelerated

2 learning courses, and approved courses for weighted credit, and courses

3 offered under the International Baccalaureate Diploma Programme:

4            (1) A = 90-100;

5            (2) B = 80-89;

6            (3) C = 70-79;

7            (4) D = 60-69; and

8            (5) F = 59 and below.

9   (b)(1) Each letter grade shall be given a numeric value for the

10 purpose of determining grade average.

11           (2) Except for Advanced Placement accelerated learning courses,

12 and approved courses for weighted credit, courses offered under the

13 International Baccalaureate Diploma Programme, and honors courses, the

14 numeric value for each letter grade shall be:

15                 (A) A = 4 points;

16                 (B) B = 3 points;

17                 (C) C = 2 points;

18                 (D) D = 1 point; and

19                 (E) F = 0 points.

20  (c)(1) The State Board of Education shall promulgate rules for

21 accelerated learning and approved courses for weighted credit that address

22 the following:

23                 (A) Adopt appropriate equivalents for advanced placement

24 and college courses; and

25                 (B) Recommend a uniform grading structure for honors

26 courses.

27           (2) Weighted credit shall be allowed for advanced placement

28 courses and courses offered under the International Baccalaureate Diploma

29 Programme if:

30                 (A) The student takes the entire Advanced Placement course

31 or the entire course offered in the International Baccalaureate Diploma

32 Programme in a particular subject;

33                 (B) The student completes the applicable test offered by

34 the College Board for advanced placement courses at the end of the advanced

35 placement course or the applicable test offered by the International

36 Baccalaureate at the time prescribed by the organization; and

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1                     (C)(i) A teacher of an advanced placement course meets

2 Arkansas teacher licensure requirements and:

3                            (a) Attends at least one (1) of the following

4 trainings no less than one (1) time every five (5) years:

5                                       (1) College Board Advanced Placement

6 Summer Institute;

7                                       (2) College Board-endorsed training; or

8                                       (3) Other similarly rigorous training

9 approved by the Division of Elementary and Secondary Education; or

10                           (b) Completes an additional training plan for

11 Advanced Placement within three (3) years of commencing the additional

12 training plan; or

13                         (ii) A teacher of a course offered under the

14 International Baccalaureate Diploma Programme meets Arkansas teacher

15 licensure requirements and attends the training required by the International

16 Baccalaureate Standards;

17                    (B) Grading scales;

18                    (C) A numeric value for the purpose of determining grade

19 average; and

20                    (D) Weight given to the numeric value as provided in

21 subdivision (b)(2) of this section.

22  (3)(2) The Division of Elementary and Secondary Education may

23 shall approve a course for weighted credit if the course:

24                    (A) Exceeds the curriculum standards for a nonweighted

25 credit class; or

26                    (B) Meets or exceeds the standards of a comparable

27 advanced placement class accelerated learning course; or

28                    (C) Is identified by the Division of Elementary and

29 Secondary Education as an honors class.

30  (4)(A)(3)(A) The Division of Elementary and Secondary Education

31 in collaboration with the Division of Career and Technical Education may

32 approve a career and technical course within an approved career and technical

33 pathway for weighted credit if the course:

34                         (i) Exceeds the curriculum standards for a

35 nonweighted class; and

36                         (ii) Leads to an approved industry-recognized

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1 certification or concurrent credit.

2                 (B) The Division of Career and Technical Education shall:

3                 (i) Review new and existing career and technical

4 pathways to determine which courses within the career and technical pathways

5 meet criteria for weighted credit; and

6                 (ii) Publish a list of approved career and technical

7 pathways annually by January 1.

8                 (C) Criteria used to determine what courses within a

9 career and technical pathway shall receive weighted credit shall include

10 without limitation the consideration of career and technical pathways that:

11                (i) Lead to high-value industry credentials; and

12                (ii) Align to state and local workforce data.

13                (D) Weighted credit awarded under subdivision (c)(4)(A)

14 (c)(3)(A) of this section shall be awarded for each course upon:

15                (i) Completing the relevant career and technical

16 pathway; and

17                (ii) Earning the high-value industry credential

18 aligned with the career and technical pathway.

19  (5)(A) A local school district board of directors may adopt a

20 policy to allow high school students in the public school district to take

21 college courses for weighted credit equal to the numeric grade awarded in

22 Advanced Placement courses, courses offered under the International

23 Baccalaureate Diploma Programme, and honors classes.

24                (B)(i) If a local school district board of directors

25 adopts a policy under subdivision (c)(5)(A) of this section, the school

26 district shall apply to the Division of Elementary and Secondary Education

27 for approval.

28                (ii) An application under subdivision (c)(5)(B)(i) of

29 this section shall be reviewed for approval to assign a numeric grade value,

30 which may include weighted credit, based on the following:

31                (a) A letter from the superintendent of the

32 public school district or principal of the public school describing how the

33 course exceeds expectations for coursework required under the Standards for

34 Accreditation of Arkansas Public Schools and School Districts; and

35                (b) The grade level or levels of public school

36 students who will be enrolled in the course.

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1   (d) A public school district may use the grading scale in this section

2 in the public school district's elementary schools.

3   (e) The Division of Elementary and Secondary Education may promulgate

4 rules to implement this section.

5

6   SECTION 12. Arkansas Code � 6-15-1004(b)(2)(C), concerning the

7 continuing education and professional development requirement under the

8 Standards for Accreditation of Arkansas Public Schools and School Districts,

9 is amended to read as follows:

10  (C) For purposes of the requirement for continuing

11 education and professional development under this section, each hour of

12 training received by licensed personnel related to teaching an advanced

13 placement class for a subject covered by the College Board and Educational

14 Testing Service accelerated learning course shall be counted as professional

15 development up to a maximum of thirty (30) hours.

16

17  SECTION 13. Arkansas Code � 6-15-1301(b)(1), concerning the membership

18 of the Safe Schools Committee under the Safe Schools Initiative Act, is

19 amended to read as follows:

20  (b)(1) The Safe Schools Committee shall be composed of the following

21 individuals and stakeholders deemed necessary and appointed by the

22 Commissioner of the Division of Elementary and Secondary Education:

23  (A) One (1) classroom teacher appointed by the Arkansas

24 Education Association;

25  (B) Two (2) school administrators appointed by the

26 Arkansas Association of Educational Administrators;

27  (C) Two (2) school district board members appointed by the

28 Arkansas School Boards Association;

29  (D) A staff member of the division appointed by the

30 Commissioner of Elementary and Secondary Education;

31  (E) A school safety specialist, employed by an Arkansas

32 school district, appointed by the commissioner;

33  (F) One (1) school counselor appointed by the Arkansas

34 Counseling Association;

35  (G) The Director of the Criminal Justice Institute and of

36 the Arkansas Center for School Safety, or his or her designee;

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1                   (H) One (1) classroom teacher appointed by the Arkansas

2 State Teachers Association;

3                   (I) The Director of the Division of Emergency Management,

4 or his or her designee;

5                   (J) The Executive Director of the Arkansas Public School

6 Resource Center, Inc., or his or her designee;

7                   (K) A chief of police or a sheriff appointed by the

8 commissioner;

9                   (L) The Executive Director of the Arkansas Rural Ed

10 Association, or his or her designee;

11                  (M) The State Fire Marshal, or his or her designee;

12                  (N) One (1) school psychologist appointed by the Arkansas

13 School Psychology Association; and

14                  (O) One (1) director of an Arkansas education service

15 cooperative appointed by the commissioner.

16

17  SECTION 14. Arkansas Code � 6-15-1303(d)(3)(A), concerning the

18 provision of training and technical assistance under the Safe Schools

19 Initiative Act, is amended to read as follows:

20  (3)(A) The Arkansas Center for School Safety of the Criminal Justice

21 Institute shall be the state school safety clearinghouse and shall

22 collaborate with the following entities to provide a comprehensive,

23 efficient, and effective resource for education and law enforcement personnel

24 to obtain training and technical assistance to meet the school safety needs

25 of students in this state:

26                         (i) The Division of Elementary and Secondary

27 Education;

28                         (ii) The Safe Schools Committee established under

29 this subchapter; and

30                         (iii) The Arkansas Association of Educational

31 Administrators;

32                         (iv) The Arkansas School Boards Association;

33                         (v) Education service cooperatives;

34                         (vi) The Division of Emergency Management;

35                         (vii) The Arkansas Public School Resource Center,

36 Inc.; and

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1               (viii) Other key stakeholders.

2

3       SECTION 15. Arkansas Code Title 6, Chapter 15, Subchapter 21, is

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

5       6-15-2102. Definition.

6       As used in this subchapter, "school" includes a public school within a

7 traditional public school district and an open-enrollment public charter

8 school.

9

10      SECTION 16. Arkansas Code � 6-15-2108 is amended to read as follows:

11      6-15-2108. School rating system.

12      (a) The school rating system shall be a multiple-measures approach

13 that shall include without limitation:

14              (1) Academic achievement on the annual statewide student

15 assessment;

16              (2) Student growth on the annual statewide student assessment;

17 and

18              (3) School-level graduation rate or rates; and

19              (4) English-learner progress or growth in acquiring English.

20      (b) The school rating system shall consider without limitation at

21 least one (1) or more of the following indicators:

22              (1) Closing the achievement gap;

23              (2) Academic growth of student subgroups, including without

24 limitation economically disadvantaged students, students from major racial

25 and ethnic groups, English learners, and students with disabilities;

26              (3) The percentage of the grade nine (9) cohort with on-time

27 completion of credit attainment at the end of grade nine (9);

28              (4) Equity in resource allocation;

29              (5) The percentage of students who earn:

30              (A) Advanced placement credit;

31              (B) Concurrent credit;

32              (C) International Baccalaureate credit; or

33              (D) Industry-recognized certification that leads to

34 articulated or concurrent credit at a postsecondary institution;

35              (6) Student access to multiple flexible learning continua,

36 including but not limited to personalized, competency, or mastery learning;

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1              (7) Student access to preschool offered by the public school

2 district;

3              (8) The proportional percentage of qualified educators who hold

4 a National Board for Professional Teaching Standards certification or have an

5 advanced degree beyond their bachelor's degree; and

6              (9) Public school district and community partnerships.

7       (c)(b) Indicators included or considered as part of the school rating

8 system shall:

9              (1) Allow for meaningful differentiation in school performance;

10 and

11             (2) Be valid, reliable, comparable, and applicable statewide.

12      (d)(c) The Division of Elementary and Secondary Education shall:

13             (1) promulgate Promulgate rules to implement this section; and

14             (2) Develop a formula to determine a letter grade under � 6-15-

15 2105 for the following without limitation:

16               (A) A public school district; and

17               (B) An education service cooperative.

18

19      SECTION 17. Arkansas Code � 6-16-140(a), concerning a certificate of

20 attainment awarded to a student completing an approved vocational or

21 technical career pathway or program of study at a public high school, is

22 amended to read as follows:

23      (a) A student who successfully completes an approved vocational or

24 technical career pathway or program of study at a public high school shall be

25 awarded a certificate of attainment that shall be:

26             (1) Aligned in the appropriate career pathway or program of

27 study; and

28             (2) Used for consideration of acceptance and advanced priority

29 placement into an apprenticeship training program.

30

31      SECTION 18. Arkansas Code � 6-16-148(a)(1), concerning the foundation

32 of certain social studies or history courses offered in grades seven through

33 twelve (7-12), is amended to read as follows:

34             (1) A social studies or history course conditioned upon

35 knowledge of historical events from the colonial period to modern times of

36 United States history for which graduation credit is or may be received,

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1 except for advanced placement courses

2

3   SECTION 19. Arkansas Code Title 6, Chapter 16, Subchapter 8, is

4 repealed.

5   Subchapter 8 -- Arkansas Advanced Placement and International Baccalaureate

6                    Diploma Incentive Program Act of 1995

7   6-16-801. Title.

8   This subchapter shall be known as and may be cited as the "Arkansas

9 Advanced Placement and International Baccalaureate Diploma Incentive Program

10 Act of 1995".

11

12  6-16-802. Purpose.

13  (a) The purpose of this subchapter is to serve as a legislative

14 charter for the establishment, organization, and administration of a program

15 designed to improve the course offerings available to middle school, junior

16 high school, and high school students throughout the state.

17  (b) The program established under this subchapter will provide

18 advanced educational courses that are easily accessible and that will prepare

19 students for admission to and success in a postsecondary educational

20 environment.

21  (c) A key component in the program is adequately preparing teachers

22 and schools in providing advanced placement courses or courses offered under

23 the International Baccalaureate Diploma Programme to their students.

24

25  6-16-803. Definitions.

26  As used in this subchapter:

27           (1) "Advanced placement course" means a high school level

28 preparatory course for a college advanced placement test that incorporates

29 all topics specified by the College Board and Educational Testing Service on

30 its standard syllabus for a given subject area and is approved by the College

31 Board and Educational Testing Service;

32           (2) "College advanced placement test" means the advanced

33 placement test administered by the College Board and Educational Testing

34 Service;

35           (3) "College Board" means the College Board and Educational

36 Testing Service;

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1   (4) "International Baccalaureate Diploma Programme" means an

2 international education program offered by the International Baccalaureate;

3   (5) "Preadvanced placement course" means a middle school, junior

4 high school, or high school level course that specifically prepares students

5 to enroll and participate in an advanced placement course;

6   (6) "Program" means the Arkansas Advanced Placement and

7 International Baccalaureate Diploma Incentive Program; and

8   (7) "State board" means the State Board of Education.

9

10  6-16-804. Established -- Subsidies -- Rules.

11  (a) The Arkansas Advanced Placement and International Baccalaureate

12 Diploma Incentive Program is hereby established, to be administered by the

13 Commissioner of Elementary and Secondary Education.

14  (b) Contingent upon legislative appropriations and based on criteria

15 established by the Division of Elementary and Secondary Education, schools

16 participating in the program may be awarded a one-time equipment and

17 instructional materials grant for providing an advanced placement course or a

18 course offered under the International Baccalaureate Diploma Programme.

19  (c) Subject to legislative appropriations, a teacher participating in

20 the advanced placement program, in the International Baccalaureate Diploma

21 Programme, or in the preadvanced placement program may be awarded subsidized

22 teacher training for advanced placement courses at a cost not to exceed six

23 hundred fifty dollars ($650) per teacher.

24  (d)(1) Contingent upon legislative appropriation and the availability

25 of funding, the state may pay in full, or on a pro rata basis as determined

26 under subdivision (d)(2) of this section, the cost of the advanced placement

27 test fee or the equivalent test fee under the International Baccalaureate

28 Diploma Programme, or both.

29  (2) The State Board of Education may create a sliding scale

30 based on family income.

31  (e) The state board is authorized to promulgate rules necessary to

32 implement this subchapter.

33

34  6-16-805. Funding.

35  (a) The awards granted under the provisions of this subchapter for

36 both advanced placement and the International Baccalaureate Diploma Programme

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1 may be funded by donations, grants, or legislative appropriation.

2   (b) All donations, grants, and appropriations received shall be

3 accounted for by the Division of Elementary and Secondary Education.

4   (c) The Commissioner of Elementary and Secondary Education may solicit

5 and receive donations and grants for the purpose of making awards.

6

7   6-16-806. Treatment as advanced placement course.

8   Any high school course offered under the International Baccalaureate

9 Diploma Programme shall be treated the same as an advanced placement course,

10 including for the following purposes:

11            (1) Weighted credit;

12            (2) The Arkansas Advanced Placement and International

13 Baccalaureate Diploma Incentive Program Act of 1995, � 6-16-801 et seq.; and

14            (3) Reporting requirements.

15

16  SECTION 20. Arkansas Code �� 6-16-1202 through 6-16-1204 are amended

17 to read as follows:

18  6-16-1202. Definitions.

19  As used in this subchapter:

20            (1) "Advanced Placement course" means a high school level

21 preparatory course for a college Advanced Placement test that:

22                   (A) Incorporates all topics specified by the College Board

23 and Educational Testing Service on its standards syllabus for a given subject

24 area; and

25                   (B) Is approved by the College Board and Educational

26 Testing Service;

27            (2) "Endorsed concurrent enrollment course" means a college-

28 level course offered by an institution of higher education in this state that

29 upon completion would qualify for academic credit in both the institution of

30 higher education and a public high school that:

31                   (A) Is in one (1) of the four (4) core areas of math,

32 English, science, and social studies;

33                   (B) Meets the requirements of � 6-16-1204(b); and

34                   (C) Is listed in the Arkansas Course Transfer System of

35 the Division of Higher Education;

36            (3) "Pre-Advanced Placement course" means a middle school,

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1 junior high school, or high school level course that specifically prepares

2 students to enroll and to participate in an advanced placement course; and

3               (4) "Vertical team" means a group of educators from different

4 grade levels in a given discipline who work cooperatively to develop and

5 implement a vertically aligned program aimed at helping students from diverse

6 backgrounds acquire the academic skills necessary for success in the Advanced

7 Placement program and other challenging coursework "Accelerated learning"

8 means an organized method of learning that enables students to meet

9 individual academic goals and graduation requirements while pursuing higher

10 levels of skill development, including without limitation the following

11 coursework:

12                    (A) A College Board pre-Advanced Placement and Advanced

13 Placement course;

14                    (B) An International Baccalaureate Diploma Programme

15 course;

16                    (C) A Cambridge Advanced International Certificate of

17 Education course;

18                    (D) A concurrent credit course; and

19                    (E) A substantively similar course or program approved by

20 the Division of Elementary and Secondary Education; and

21  (2) "Concurrent credit course" means a college-level course offered by

22 an institution of higher education in this state that upon completion would

23 qualify for academic credit in both the institution of higher education and a

24 public high school.

25

26  6-16-1203. Teacher skills and training.

27  (a)(1) A teacher of an Advanced Placement course must obtain

28 appropriate training.

29              (2) The State Board of Education shall establish clear,

30 specific, and challenging training guidelines that require teachers of

31 College Board advanced placement courses and teachers of pre-Advanced

32 Placement courses to obtain College Board sponsored or endorsed training.

33              (3) The training may include vertical team training.

34  (b)(a) An instructor of an endorsed concurrent enrollment an

35 accelerated learning or concurrent credit course shall have meet the

36 requirements of the:

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1            (1) Institution of higher education that is offering the course;

2 or

3            (2) Accrediting organization authorized under � 6-16-1202:

4            (1)(A) No less than a master's degree that includes at least

5 eighteen (18) hours of completed course work in the subject area of the

6 endorsed concurrent enrollment course.

7            (B)(b)(1) The An instructor's credentials shall be

8 approved by the academic unit or chief academic officer of the institution of

9 higher education offering the endorsed concurrent credit enrollment course;

10 and.

11           (2) The relevant credentials and experience necessary to teach

12 from the syllabus approved by the institution of higher education granting

13 the course credit.

14

15       6-16-1204. Implementation.

16       (a)(1) In order to prepare students for the rigor inherent in Advanced

17 Placement courses, school districts shall offer pre-Advanced Placement

18 courses to prepare students for the demands of Advanced Placement coursework.

19           (2) The Division of Elementary and Secondary Education shall

20 approve all classes designated as pre-Advanced Placement courses.

21       (b) An endorsed A concurrent credit enrollment course must meet the

22 following requirements:

23           (1) The course must be a course offered by an institution of

24 higher education in this state that is:

25           (A) Approved through the institution of higher education's

26 normal process; and

27           (B) Listed in the institution of higher education's

28 catalog;

29           (2) The course content and instruction must meet the same

30 standards and adopt the same learning outcomes as those developed for a

31 course taught on the campus of the institution of higher education, including

32 without limitation:

33           (A) The administration of any departmental exams

34 applicable to the course; and

35           (B) The use of substantially the same book and syllabus as

36 is used at the college level;

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1               (3) The course must be taught by an instructor with the

2 qualifications required under � 6-16-1203(b) � 6-16-1203;

3               (4) The institution of higher education offering the course

4 must:

5               (A) Provide to the course instructor staff development,

6 supervision, and evaluation; and

7               (B)(i) Provide the students enrolled in the course with:

8                                 (a) Academic guidance counseling; and

9                                 (b) The opportunity to utilize the on-campus

10 library or other academic resources of the institution of higher education.

11                         (ii) Nothing in this This subdivision (b)(4) (a)(4)

12 shall not preclude institutions of higher education from collaborating to

13 meet the requirements of this subdivision (b)(4)(a)(4);

14              (5) To be eligible to enroll in an endorsed a concurrent

15 enrollment credit course, the student must:

16              (A) Be admitted by the institution of higher education as

17 a nondegree or noncertificate-seeking student; and

18              (B) Meet all of the prerequisites for the course in which

19 he or she is enrolled; and

20              (6)(A) Credit for the endorsed concurrent enrollment credit

21 course may only be awarded by the institution of higher education offering

22 the course.

23              (B) Nothing in this This subdivision (b)(6) (a)(6) shall

24 not preclude institutions of higher education from collaborating to provide

25 the course and award course credit.

26       (c)(b) Beginning with the 2008-2009 2025-2026 school year, all public

27 school districts and open-enrollment public charter schools shall offer one

28 (1) College Board Advanced Placement course in each of the four (4) core

29 areas of math, English, science, and social studies for a total of four (4)

30 courses at least four (4) accelerated learning courses that cover the

31 following subject areas:

32              (1) Math;

33              (2) English;

34              (3) Science; and

35              (4) Social studies.

36       (d)(1) The requirement under subsection (c) of this section shall be

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1 phased in over a period of four (4) years beginning with the 2005-2006 school

2 year.

3              (2) Beginning with the 2008-2009 school year, all high schools

4 in Arkansas shall offer a minimum of four (4) Advanced Placement courses by

5 adding at least one (1) core course each year to the list of courses

6 available to high school students.

7        (e)(1)(A) A state-supported two-year or four-year institution of

8 higher education may offer a reduced tuition rate for endorsed concurrent

9 enrollment courses offered by the institution of higher education to high

10 school students under this subchapter.

11                 (B) The reduction in tuition under subdivision (e)(1)(A)

12 of this section or any tuition paid by the institution of higher education

13 under subdivision (e)(3)(B) of this section shall not be considered an

14 institutional scholarship.

15             (2) The number of students enrolled and the semester credit

16 hours for endorsed concurrent enrollment courses shall be included in the

17 calculation of full-time-equivalent enrollment for the institution of higher

18 education.

19             (3)(A) A national school lunch student, as defined in � 6-20-

20 2303, shall not be required to pay any of the costs up to a maximum of six

21 (6) credit hours of endorsed concurrent enrollment courses that are taught:

22                       (i) On the grounds of the public school district in

23 which the student is enrolled; and

24                       (ii) By a teacher employed by the public school

25 district in which the student is enrolled.

26                 (B) The costs for endorsed concurrent enrollment courses

27 under subdivision (e)(3)(A) of this section shall be paid:

28                       (i) By the public school district in which the

29 student is enrolled;

30                       (ii) By the institution of higher education offering

31 the course; or

32                       (iii) Through a cost-sharing agreement between the

33 public school district and the institution of higher education.

34       (c)(1) Beginning with the 2025-2026 school year and each year

35 thereafter, the tuition rate for a concurrent credit course offered by a

36 public school district or open-enrollment public charter school in

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1 partnership with an institution of higher education shall:

2                  (A) For every one (1) academic credit hour provided by an

3 institution of higher education, be an agreed amount that is not:

4                         (i) More than two and one-half percent (2.5%) of the

5 per-pupil amount established under � 6-20-2305 that is allotted per student

6 each year; and

7                         (ii) Less than one-half percent (0.5%) of the per-

8 pupil amount established under � 6-20-2305 that is allotted per student each

9 year; and

10                 (B) Not exceed the standard tuition rate and fee structure

11 of the institution of higher education providing the concurrent credit

12 course.

13           (2)(A) The amount established under subdivision (c)(1)(A) of

14 this section may be satisfied through the following sources:

15                        (i) ACCESS to Acceleration Scholarship Program

16 funds;

17                        (ii) Funding from the school district where a

18 student is enrolled;

19                        (iii) Other consideration agreed to by the public

20 school district or open-enrollment public charter school and institution of

21 higher education; and

22                        (iv) Any other available sources as determined by

23 the Division of Higher Education.

24                 (B) An institution of higher education shall not receive

25 funding for concurrent credit courses for tuition at secondary vocational

26 centers under � 6-51-301 et seq. if the institution of higher education is

27 already receiving funding designated for vocational center aid.

28           (3) A student or a student's parent or guardian shall not be

29 responsible for tuition, fees, or materials for participation in a concurrent

30 credit course.

31

32         SECTION 21. Arkansas Code � 6-17-309 is amended to read as follows:

33         6-17-309. Licensure -- Waiver.

34         (a)(1) A class of students shall not be under the instruction of a

35 teacher who is not licensed to teach the grade level or subject matter of the

36 class for more than sixty (60) consecutive school days in the same class

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1 during a school year.

2            (2)(b) This subsection Subsection (a) of this section shall not

3 apply to:

4                    (A)(1) Nondegreed vocational-technical teachers;

5                    (B)(2) Individuals approved by the Division of Elementary

6 and Secondary Education to teach the grade level or subject matter of the

7 class in the Division of Elementary and Secondary Education's distance

8 learning program;

9                    (C)(3) Individuals teaching concurrent credit courses or

10 advanced placement accelerated learning courses who:

11                         (i)(A) Are employed by a postsecondary institution;

12                         (ii)(B) Meet the qualification requirements of a

13 postsecondary institution or the Division of Career and Technical Education;

14 and

15                         (iii)(C) Are teaching in a course in which credit is

16 offered by an institution of higher education or a technical institute;

17                   (D)(4) Licensed teachers teaching in one (1) of the

18 following settings:

19                         (i)(A) An alternative learning environment;

20                         (ii)(B) A juvenile detention facility;

21                         (iii)(C) A residential and day alcohol, drug, and

22 psychiatric facility program;

23                         (iv)(D) An emergency youth shelter;

24                         (v)(E) A facility of the Division of Youth Services;

25 or

26                         (vi)(F) A facility of the Division of Developmental

27 Disabilities Services;

28                   (E)(5) Licensed special education teachers who are

29 teaching two (2) or more core academic subjects exclusively to children with

30 disabilities; or

31                   (F)(6) Teachers who are working under an Aspiring Teacher

32 permit for a period of time not to exceed one (1) academic year or two (2)

33 consecutive semesters.

34      (b)(1) If this requirement imposes an undue hardship on a school

35 district, the school district may apply to the State Board of Education for a

36 waiver.

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1              (2) The state board shall develop rules for granting a waiver.

2              (3) Any school district that obtains a waiver shall send written

3 notice of the assignment to the parent or guardian of each student in the

4 classroom no later than the sixtieth school day after the date of the

5 assignment.

6              (4) [Repealed.]

7

8   SECTION 22. Arkansas Code � 6-17-709(d), concerning the professional

9 development schedule for licensed educators, is amended to read as follows:

10  (d) The Division of Elementary and Secondary Education shall establish

11 the curriculum under this section in collaboration with educational agencies

12 and associations, including without limitation the: relevant stakeholders.

13             (1) Division of Higher Education;

14             (2) Arkansas Association of Educational Administrators;

15             (3) Arkansas Education Association;

16             (4) Arkansas School Boards Association;

17             (5) Arkansas Association for Supervision and Curriculum

18 Development;

19             (6) Arkansas State Teachers Association; and

20             (7) Arkansas Rural Ed Association.

21

22  SECTION 23. Arkansas Code Title 6, Chapter 18, Subchapter 2, is

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

24  6-18-237. Absences for certain purposes unexcused.

25  (a) A public school district or an open-enrollment public charter

26 school shall not grant excused absences for purposes of political protest.

27  (b) A public school district or an open-enrollment public charter

28 school may grant an excused absence for the following purposes with written

29 consent of a parent, legal guardian, or person standing in loco parentis to

30 the student:

31             (1) Social or public policy advocacy; or

32             (2) Attempts to influence legislation or other governmental

33 policy-making at the local, state, or federal level.

34  (c) This section does not prohibit students from attending curricular

35 or cocurricular activities approved by the public school district or open-

36 enrollment public charter school for credit.

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1   (d) A public school district or an open-enrollment public charter

2 school that grants excused or unexcused absences under subsections (a) or (b)

3 of this section shall provide a report by June 30 each year to the Division

4 of Elementary and Secondary Education that contains the following:

5            (1) The number of absences requested under this section;

6            (2) The number of absences granted under this section; and

7            (3) The stated purposes of the absence.

8

9   SECTION 24. Arkansas Code � 6-18-1104(b), concerning parental

10 notification and permission related to school fundraising programs, is

11 amended to read as follows:

12  (b) A one-page form for parental notification and permission shall be

13 developed by the Division of Elementary and Secondary Education in

14 cooperation with school administrators and the Arkansas Parent Teacher

15 Association.

16

17  SECTION 25. Arkansas Code � 6-18-2004(b)(2)(G)(vi), concerning the

18 direct and indirect services offered as comprehensive student services by a

19 school counselor as part of a contributing member of a decision-making team

20 in advanced placement and gifted and talented programs, is amended to read as

21 follows:

22               (vi) Advanced placement Accelerated learning and

23 gifted and talented programs.

24

25  SECTION 26. Arkansas Code � 6-18-2004(c), concerning administrative

26 activities performed by a school counselor, is amended to read as follows:

27  (c)(1) Administrative activities performed by a school counselor shall

28 not exceed more than ten percent (10%) of the school counselor's time spent

29 working during student contact days.

30           (2) Administrative activities provided by a school counselor in

31 collaboration with other school personnel include without limitation:

32               (A) Coordinating state assessments, cognitive achievement

33 assessments, advanced placement accelerated learning programs, and English

34 language proficiency testing programs;

35               (B) Developing master schedules;

36               (C) Coordinating of:

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1            (i) Teams convened under Section 504 of the

2 Rehabilitation Act of 1973, Pub. L. No. 93-112;

3            (ii) Response-to-intervention teams;

4            (iii) English learner programs;

5            (iv) Parental involvement or family engagement

6 programs;

7            (v) Positive behavioral intervention support

8 programs;

9            (vi) Data entry; and

10           (vii) Advanced placement Accelerated learning and

11 gifted and talented programs; and

12           (D) Monitoring students in common areas such as the

13 cafeteria, hallway, playground, and bus lines.

14

15  SECTION 27. Arkansas Code � 6-20-2203(a)(4), concerning the

16 development by the Division of Elementary and Secondary Education of the

17 Arkansas Financial Accounting Handbook, is amended to read as follows:

18           (4) The rules shall be developed by the state board in

19 cooperation with the division, and representatives from the Arkansas

20 Association of Educational Administrators, the Arkansas Association of School

21 Business Officials, the Arkansas Education Association, the education service

22 cooperatives, and the Legislative Joint Auditing Committee.

23

24  SECTION 28. Arkansas Code � 6-20-2204(a)(3)(A), concerning required

25 training for public school districts, open-enrollment public charter schools,

26 and education service cooperatives under the Arkansas Educational Financial

27 Accounting and Reporting Act of 2004, is amended to read as follows:

28           (3)(A) The instruction may be provided by an institution of

29 higher education in this state, from instruction sponsored by the division,

30 by an in-service training program conducted by the Arkansas Association of

31 School Business Officials, or from another provider.

32

33  SECTION 29. Arkansas Code � 6-20-2204(b)(2), concerning required Tier

34 II training for public school districts, open-enrollment public charter

35 schools, and education service cooperatives under the Arkansas Educational

36 Financial Accounting and Reporting Act of 2004, is amended to read as

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1 follows:

2           (2) Tier II training shall be developed by the division in

3 cooperation with representatives from the Arkansas Association of Educational

4 Administrators, the Arkansas Association of School Business Officials, the

5 Arkansas Education Association, the Legislative Joint Auditing Committee, and

6 the education service cooperatives.

7

8   SECTION 30. Arkansas Code � 6-20-2207(b)(1), concerning the rules

9 governing the uniform budget and accounting system for school districts,

10 education service cooperatives, and open-enrollment public charter schools,

11 is amended to read as follows:

12  (b)(1)(A) The state board shall amend the rules, and the Division of

13 Elementary and Secondary Education shall amend the Arkansas Financial

14 Accounting Handbook provided in subsection (a) of this section as necessary.

15                   (B) The amendments, annual revisions, and financial

16 accounting updates to the Arkansas Financial Accounting Handbook shall be

17 developed with representatives from the Arkansas Association of School

18 Business Officials, the education service cooperatives, and other school

19 district officials as designated by the division.

20

21  SECTION 31. Arkansas Code � 6-21-113(a), concerning the membership of

22 the Advisory Committee on Public School Academic Facilities, is amended to

23 read as follows:

24  (a) To assist the Division of Public School Academic Facilities and

25 Transportation, there is established the Advisory Committee on Public School

26 Academic Facilities to be composed of the following members who must be

27 willing to devote adequate time to the work of the committee and who reflect

28 the demographics of the state:

29          (1) The Director of the Division of Public School Academic

30 Facilities and Transportation or the director's designee, who shall also

31 serve as secretary to the committee;

32          (2) One (1) person who is a licensed building contractor

33 experienced in public school construction selected from a list of no fewer

34 than three (3) names submitted by the Arkansas Chapter of the Associated

35 General Contractors of America;

36          (3) One (1) person who is a licensed architect experienced in

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1 public school design submitted by the Arkansas Chapter, the American

2 Institute of Architects;

3               (4) One (1) person who is a licensed or registered mechanical

4 engineer experienced in public school mechanical and plumbing systems design

5 selected from a list of no fewer than three (3) names submitted by the

6 Arkansas Society of Professional Engineers;

7               (5) One (1) person who is a licensed or registered electrical

8 engineer experienced in public school electrical systems design selected from

9 a list of no fewer than three (3) names submitted by the Arkansas Society of

10 Professional Engineers;

11              (6) One (1) person who is a licensed or registered civil

12 engineer experienced in public school civil engineering design and

13 construction selected from a list of no fewer than three (3) names submitted

14 by the Arkansas Society of Professional Engineers;

15              (7) Two (2) persons selected by the Commission for Arkansas

16 Public School Academic Facilities and Transportation, one (1) of whom is

17 knowledgeable and holds certification in the field of educational technology

18 applications and strategies;

19              (8) Two (2) persons selected from a list of six (6) names

20 submitted by the Arkansas Association of Educational Administrators from its

21 membership;

22              (9) One (1) person selected from a list of three (3) names

23 submitted by the Arkansas Education Association from its membership;

24              (10) Two (2) persons selected from a list of six (6) names

25 submitted by the Arkansas School Boards Association from its membership;

26              (11) Two (2) persons selected from a list of six (6) names

27 submitted by the Arkansas Rural Ed Association from its membership;

28              (12) One (1) person selected from a list of three (3) names

29 submitted by the Arkansas Public School Resource Center, Inc., from its

30 membership; and

31              (13) Three (3) persons, one (1) from each of the professions of

32 construction, architecture, and education, selected by the commission to

33 serve as ex-officio members of the committee based on prior service on the

34 committee;

35              (9) One (1) licensed teacher appointed by the Commissioner of

36 Elementary and Secondary Education;

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1              (10) One (1) principal appointed by the commissioner; and

2              (11) One (1) superintendent appointed by the commissioner.

3

4       SECTION 32. Arkansas Code � 6-21-817(b), concerning the membership of

5 the Public School Americans with Disabilities Act Compliance Committee, is

6 amended to read as follows:

7       (b) The committee shall be composed of six (6) members as follows the

8 following members:

9              (1) One (1) member from the Building Authority Division;

10             (2) One (1) member from the Division of Public School Academic

11 Facilities and Transportation;

12             (3) One (1) member from the State Fire Marshal Office of the

13 Division of Arkansas State Police Office of Fire Protection Services;

14             (4) One (1) member from the Division of Elementary and Secondary

15 Education;

16             (5) One (1) member from the Arkansas Association of Educational

17 Administrators; and

18             (6) One (1) member from the Arkansas Public School Resource

19 Center, Inc.

20             (5) Other relevant stakeholders deemed necessary by the members

21 designated under subdivisions (b)(1)-(4) of this section.

22

23      SECTION 33. Arkansas Code � 6-28-112(b), concerning academic course

24 placement under the Arkansas Military Child School Transitions Act of 2021,

25 is amended to read as follows:

26      (b) Academic course placement includes without limitation enrollment

27 in:

28             (1) Honors courses Accelerated learning courses; and

29             (2) The International Baccalaureate Diploma Programme;

30             (3) Advanced Placement courses; and

31             (4) Academic, technical, and career pathway courses.

32

33      SECTION 34. Arkansas Code Title 6, Chapter 28, Subchapter 2, is

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

35      � 6-28-207. Purple Star Schools.

36      (a) A public school district or an open-enrollment public charter

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1 school that shows a significant commitment to serving students and families

2 connected to the United States Armed Forces may be designated as a Purple

3 Star School or Purple Star School District.

4       (b) The Division of Elementary and Secondary Education may promulgate

5 rules to implement this section.

6

7       SECTION 35. Arkansas Code � 6-41-610(b)(2), concerning the membership

8 of the committee that develops and updates the Arkansas Dyslexia Resource

9 Guide, is amended to read as follows:

10              (2)(A) The committee shall include one (1) representative who

11 has the following members who shall have experience working in the field of

12 dyslexia intervention from the following organizations, and are appointed by

13 the Commissioner of Elementary and Secondary Education:

14                    (i)(A) The Arkansas Association of Educational

15 Administrators One (1) public school administrator;

16                    (ii)(B) The Division A representative from the Office of

17 Learning Services of the Division of Elementary and Secondary Education;

18                    (iii)(C) The A representative from the Division of Higher

19 Education;

20                    (iv)(D) The Arkansas Education Association One (1) public

21 school licensed educator;

22                    (v)(E) The Arkansas School Boards Association One (1)

23 public school district board of directors member;

24                    (vi)(F) The Arkansas School Psychology Association, A

25 school psychologist with at least three (3) years of experience in testing

26 for dyslexia; and

27                    (vii)(G) An education service cooperative administrator.;

28 and

29                    (B)(H) Three (3) professionals who have worked in a public

30 school who are knowledgeable in and have expertise in dyslexia screening and

31 interventions.

32

33      SECTION 36. Arkansas Code �� 6-51-602 and 6-51-603 are amended to read

34 as follows:

35      6-51-602. Definitions.

36      As used in this subchapter, unless the context otherwise requires:

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1               (1) "Admissions representative" means a person who executes an

2 enrollment agreement and who receives compensation for the primary duties of

3 encouraging prospective students to enroll for training in a program of study

4 offered by a school covered under the provisions of this subchapter;

5               (2) "Board" means the State Board of Private Career Education

6 Arkansas Higher Education Coordinating Board;

7               (3) "Combination school" means any school in which programs of

8 study are conducted by both distance education and resident training;

9               (4) "Director" means the authorized representative of the State

10 Board of Private Career Education for the purpose of administering the

11 provisions of this subchapter;

12              (5) "Distance education school" means any school in which all

13 programs of study are conducted by distance education;

14              (6) "Extension course site" means a location away from the

15 school where a course or courses are conducted one (1) or more times during

16 the licensure period;

17              (4) "Institution of higher education" means a:

18                 (A) State-supported two-year or four-year college or

19 university; or

20                 (B) Private, nonprofit two-year or four-year college or

21 university with its primary headquarters located in Arkansas that is eligible

22 to receive Title IV federal student aid funds;

23              (7)(5) "Program of study" means an organized unit of courses or

24 an individual course in which instruction is offered;

25              (8) "Resident school" means any school in which all programs of

26 study are conducted in resident classrooms or held in public meeting

27 facilities;

28              (9)(6) "Satellite school" means a location within the State of

29 school located in Arkansas but away from the school where programs of study

30 are offered on a regular continuing basis by Arkansas schools;

31              (10)(A)(7)(A) "School" means any person, firm, partnership,

32 association, corporation, or other form of business organization seeking to

33 do business or offering in the State of Arkansas an entity that offers:

34                        (i) resident Resident or correspondence training

35 that leads to or enhances occupational qualifications.;

36                 (B) "School" also means any firm, partnership,

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1 association, corporation, or other form of business organization that offers

2 instruction

3                        (ii) Instruction in airframe or power plant

4 mechanics.;

5                  (C)(iii) "School" also means any firm, partnership,

6 association, corporation, or other form of business organization that offers

7 training Training as preparation for passing exams that may lead to

8 employment.; or

9                  (D)(iv) "School" also means any firm, partnership,

10 association, corporation, or other form of business organization that offers

11 driver Driver education training, excluding those courses taught to motor

12 vehicle violators pursuant to court order.

13                 (E)(B) "School" does not include:

14                       (i) A program of instruction in yoga or in yoga-

15 teacher training; or

16                       (ii) An an institution that is subject to the

17 jurisdiction of the Arkansas Higher Education Coordinating Board under � 6-

18 61-301 of higher education; and

19             (11)(8) "Student" or "enrollee" means a person who is seeking to

20 enroll, has been enrolled, is sought for enrollment, or is seeking training

21 or instruction in a school as defined in this section.

22

23  6-51-603. Exemptions.

24  The following are exempt from licensure under this subchapter:

25             (1) Private institutions exclusively offering instruction at any

26 or all levels from preschool prekindergarten through twelfth grade twelve

27 (preK-12);

28             (2) Schools established by laws of Arkansas laws, governed by

29 Arkansas boards, and permitted to operate for the sole purpose of providing

30 specific training normally required to qualify persons for occupational

31 licensure by state boards or commissions, which determine education and other

32 standards for licensure and operation of such schools;

33             (3) State colleges and universities coordinated by the Arkansas

34 Higher Education Coordinating Board Institutions of higher education;

35             (4) Programs of study offered by institutions or individuals for

36 personal improvement, whether avocational or recreational, if designated

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1 through media or other sources as not for the purpose of enhancing an

2 occupational objective;

3           (5) Schools operated solely to provide programs of study in

4 theology, divinity, religious education, and ministerial training;

5           (6) A training program offered or sponsored by an employer for

6 training and preparation of its own employees and for which no tuition fee is

7 charged the employee;

8           (7) A program of study sponsored by a recognized trade,

9 business, or professional organization for instruction of the members of the

10 organization with a closed membership and for which no fee is charged the

11 member;

12          (8) A school or educational institution supported by state or

13 local government taxation;

14          (9) Flight instructors and flight instruction schools licensed

15 under appropriate Federal Aviation Administration regulations and offering

16 only training for a private pilot's license;

17          (10) Schools covered by � 6-61-301(a)(3) and exempt from � 6-61-

18 101 et seq.;

19          (11) Training offered by other Arkansas state agencies, boards,

20 or commissions;

21          (12)(A) Training offered on military bases where a majority of

22 the students enrolled are active duty personnel or their adult family

23 members, United States Department of Defense civilian employees or their

24 adult family members, members of the United States Armed Forces reserve

25 components, and retirees.

26                  (B) These organizations shall remain exempt from the

27 requirement for licensure if required to move off the military installation

28 for a period of not more than ninety (90) days because of a change in

29 security level which would not allow civilian students on the installation.

30                  (C) The State Board of Private Career Division of Higher

31 Education shall have the authority to may review any situations that extend

32 past the ninety-day period and determine whether the exemption status should

33 remain for the school;

34          (13) Certified nurse aide or certified nursing assistant

35 training programs:

36                  (A) Whose underlying majority ownership has ownership of

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1 five (5) or more nursing facilities licensed by the Office of Long-Term Care;

2 and

3                 (B) That are under the regulatory oversight of the office;

4 and

5      (14) Schools located outside the state that:

6      (A) Offer education or training outside the state; and

7      (B) Do not participate in distance education.

8

9      SECTION 37. Arkansas Code � 6-51-605 is amended to read as follows:

10     6-51-605. State Board of Private Career Education Authority of Division

11 of Higher Education.

12     (a)(1)(A) The Governor shall appoint a State Board of Private Career

13 Education of seven (7) members who shall serve for terms of seven (7) years.

14                (B) The Governor shall make appointments or reappointments

15 to the board to provide membership of three (3) persons associated with

16 schools and four (4) persons from the general public.

17     (2) The Commissioner of the Division of Higher Education and the

18 Director of the Division of Career and Technical Education or their designees

19 shall serve as nonvoting, ex officio members of the board.

20     (b)(1) The board may elect the necessary officers, acting by and

21 through the Commissioner of the Division of Higher Education.

22     (2) The Division of Higher Education shall have the sole

23 authority to:

24                (A)(1) Approve all schools offering programs of study

25 leading to or enhancing an occupational objective;

26                (B) Administer and enforce this subchapter; and

27                (C)(2) Issue licenses to schools that have met the

28 standards set forth for the purposes of this subchapter established by the

29 Division of Higher Education, including without limitation programs:

30                (A) Programs of study, adequate;

31                (B) Adequate facilities, financial;

32                (C) Financial stability, qualified;

33                (D) Qualified personnel, and legitimate; and

34                (E) Legitimate operating practices.

35     (c)(b) Upon approval by the Division of Higher Education, any such

36 school may issue certificates or diplomas.

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1   (d)(c) The Division of Higher Education shall:

2   (1) Formulate the Establish criteria and the standards evolved

3 for the approval of such licensed schools;

4   (2) Provide for adequate investigation of all schools applying

5 for a license;

6   (3) Issue licenses to those applicants meeting the standards

7 fixed established by the Division of Higher Education; and

8   (4) Maintain a list of schools approved under the provisions of

9 this subchapter.

10  (e) The Division of Higher Education shall formulate the standards

11 evolved under this subchapter for the approval of admissions representatives

12 of such licensed schools and issue licenses to those applicants meeting the

13 standards fixed by the Division of Higher Education.

14  (f)(d) In consultation with the board, the The Division of Higher

15 Education shall may promulgate standards and rules to be prescribed for the

16 administration of this subchapter and the management and operation of the

17 schools and admissions representatives, subject to the provisions of

18 implement this subchapter.

19  (g)(e) The Division of Higher Education shall participate in the

20 administer hearings before the Arkansas Higher Education Coordinating Board

21 for provided to schools and admissions representatives in cases of facing

22 revocation or denial of licensure.

23  (h) Official meetings of the board may be called by the Chair of the

24 State Board of Private Career Education as necessary, but meetings shall be

25 held at least four (4) times a year.

26  (i) A majority of favorable votes by the board members at an official

27 meeting is required for adoption of a recommendation.

28  (j) Board members may be reimbursed for expenses in accordance with �

29 25-16-901 and stipends according to � 25-16-903.

30  (k) The board may adopt and use a seal, which may be used for the

31 authentication of the recommendations of the board.

32  (l)(1)(f)(1) The Division of Higher Education shall annually require

33 background investigations for all partners or shareholders with ten percent

34 (10%) or more ownership interest in a school when the school seeks an

35 original license.

36  (2) The Division of Higher Education may establish a schedule

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1 for periodic background checks for partners or shareholders with ten percent

2 (10%) or more ownership interest in a school when seeking renewal of a school

3 license.

4   (m)(1)(g)(1) The partners or shareholders shall apply to the

5 Identification Bureau of the Division of Arkansas State Police for a state

6 and national criminal background check to be conducted by the Federal Bureau

7 of Investigation.

8           (2) The check shall conform to the applicable federal standards

9 and shall include the taking of fingerprints.

10          (3) The applicant shall sign a release of information to the

11 board and shall be responsible to the Division of Arkansas State Police for

12 the payment of any fee associated with the criminal background check.

13          (4) Upon completion of the criminal background check, the

14 Identification Bureau of the Division of Arkansas State Police shall forward

15 to the Division of Higher Education all information obtained concerning the

16 person in the commission of any offense listed in � 6-51-606(g)(3).

17          (5)(A) The Division of Higher Education may issue a nonrenewable

18 temporary license pending the results of the criminal background check.

19                   (B) The temporary license shall be valid for no more than

20 six (6) months.

21                   (C) Upon receipt of information from the Identification

22 Bureau of the Division of Arkansas State Police that only one (1) of the

23 partners or shareholders of the school holding the license has been convicted

24 of any offense listed in � 6-51-606(g)(3), the Division of Higher Education

25 shall revoke the license.

26  (n)(1)(h)(1) The provisions of Licensure revocation under � 6-51-

27 606(g) may be waived by the Division of Higher Education upon the request of:

28                   (A) An affected applicant for licensure; or

29                   (B) The partners or shareholders of a school holding a

30 license subject to revocation.

31          (2) Circumstances for which a waiver may be granted shall

32 include, but not be limited to, without limitation the following:

33                   (A) The age at which the crime was committed;

34                   (B) The circumstances surrounding the crime;

35                   (C) The length of time since the crime;

36                   (D) Subsequent work history;

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1             (E) Employment references;

2             (F) Character references; and

3             (G) Other evidence demonstrating that the applicant does

4 not pose a threat.

5   (o)(1)(i)(1) Any information received by the Division of Higher

6 Education from the Identification Bureau of the Division of Arkansas State

7 Police under this section shall not be available for examination except by:

8             (A) The affected applicant for licensure or his or her

9 authorized representative; or

10            (B) The person whose license is subject to revocation or

11 his or her authorized representative.

12            (2) No record, file, or document shall be removed from the

13 custody of the Division of Arkansas State Police.

14  (p)(j) Any information made available to the affected applicant for

15 licensure or the person whose license is subject to revocation shall be

16 information pertaining to that person only.

17  (q)(k) Rights of privilege and confidentiality established in this

18 section shall not extend to any document created for purposes other than the

19 background check required by this section.

20  (r) In consultation with the board, the Division of Higher Education

21 shall adopt the necessary rules to fully implement the provisions of this

22 section.

23

24  SECTION 38. Arkansas Code � 6-51-606 is amended to read as follows:

25  6-51-606. School license generally.

26  (a) No persons shall operate, conduct, maintain, or offer to operate

27 in this state Arkansas a school as defined in this subchapter, or solicit the

28 enrollment of students residing in the state Arkansas, unless a license is

29 first secured from the Division of Higher Education issued in accordance with

30 the provisions of this subchapter and the rules promulgated by the division

31 in consultation with the State Board of Private Career Education.

32  (b)(1) Application An application for a license shall be filed in the

33 manner and upon the forms prescribed and furnished by the division for that

34 purpose signed and include all required information as prescribed by the

35 division.

36            (2) The application shall be signed by the applicant and

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1 properly verified and shall contain such information as may apply to the type

2 and kind of school, satellite school, or extension course site for which a

3 license is sought.

4   (c)(1) A license issued shall be restricted to the programs of study

5 specifically indicated in the application for a license.

6             (2) The holder of a license shall present a supplementary

7 application for approval of additional programs of study.

8   (d) The license shall remain the property of the State of Arkansas and

9 shall be returned to the division upon cause.

10  (e) After a license is issued to any school by the division on the

11 basis of its application, it shall be the responsibility of the school to

12 notify the division immediately the division of any changes in the ownership,

13 administration, location, faculty, or programs of study on the forms and in

14 the manner prescribed by the division.

15  (f)(1) In the event of the sale of such school, the license granted to

16 the original owner or operators shall not be transferable to the new

17 ownership or operators, but.

18            (2) An application for a new license must shall be made and

19 approved before the new ownership's taking over operation of the school.

20  (g) The division shall have the power to deny issuing a new or renewal

21 license, to revoke an existing license, or to place a licensee on probation,

22 if in its discretion it determines that:

23            (1) The licensee has violated any of the provisions of this

24 subchapter or any of the rules of the division;

25            (2) The applicant or licensee has knowingly presented to the

26 division incomplete or misleading information relating to licensure;

27            (3) The applicant or licensee has pleaded guilty, entered a plea

28 of nolo contendere, or has been found guilty in a criminal proceeding,

29 regardless of whether or not the adjudication of guilt or sentence is

30 withheld, deferred, or suspended by a court of this state Arkansas, another

31 state, or the United States Government, of:

32            (A) Any felony; or

33            (B) Any act involving moral turpitude, gross immorality,

34 or which is related to the qualifications, functions, and duties of a

35 licensee;

36            (4) The applicant or licensee has intentionally failed or

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1 refused to permit the division or its representatives to inspect the school

2 or classes or has intentionally failed or refused to make available to the

3 division, at any time when requested to do so, full information pertaining to

4 any or all items of information contained in an application for license or

5 pertaining to the operation of the school;

6               (5) The applicant has failed or refused to submit to the

7 division an application for license or renewal in the manner and on the forms

8 prescribed;

9               (6) A licensed admissions representative has failed or refused

10 to display or produce his or her license when requested to do so by

11 prospective students or designated officials of the division;

12              (7) The applicant or licensee has failed to provide or maintain

13 premises, equipment, materials, supplies, or conditions in accordance with

14 minimum standards as established by rules;

15              (8) The licensee has been found by the division or a court of

16 law to have perpetrated fraud or deceit in advertising of the school or

17 programs of study or in presenting to prospective students information

18 relating to the school, programs of study, employment opportunities, or

19 opportunities for enrollment in institutions of higher education;

20              (9) The licensee has in its employ any admissions

21 representatives who have not been licensed but are actively engaged in the

22 practice of attempting to enroll students;

23              (10) The licensee has failed to provide and maintain standards

24 of instruction or qualified administrative, supervisory, or instructional

25 staff as established by rules;

26              (11) The applicant or licensee is unable to provide and maintain

27 financial resources in sufficient amount to equip and maintain the school or

28 classes;

29              (12) The licensee has moved the school into new premises or

30 facilities without first notifying the division;

31              (13) The licensee has offered training or instruction in

32 programs of study which have not been approved and authorized in accordance

33 with rules;

34              (14) A licensed admissions representative has solicited

35 prospective students to enroll in a school which has not been licensed by the

36 division or which is not listed on his or her license;

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1             (15) There was a change in the ownership of the school without

2 proper notification to and approval from the division;

3             (16) The licensee has failed to notify the division or to

4 provide written documentation as to the cause that the license of a school

5 has been suspended or revoked or the school has been placed on probation or a

6 show cause issued in another state or by another regulatory agency;

7             (17) The licensee has failed to notify the division of legal

8 actions initiated by or against the school; or

9             (18) The licensee fails to make tuition refunds to the students

10 or their lenders in compliance with current rules.

11  (h) The division shall have the power to revoke a license if in its

12 discretion it determines that:

13            (1) The licensee has failed to cure a deficiency leading to a

14 license probation within the time as may be reasonably prescribed by the

15 division;

16            (2) The licensee while on probation has been found by the

17 division to have incurred an additional infraction of this subchapter; or

18            (3) The licensee has closed a school without first having

19 completed the training of all students currently enrolled or having made

20 tuition refunds to students or their lenders.

21  (i) The division may impose sanctions under � 25-15-217.

22  (j)(1) Unless directed to do so by court order, the division shall

23 not, for a period of five (5) years following revocation, reinstate the

24 license of a school or allow an owner of any such school to seek licensure of

25 another school.

26            (2) Upon expiration of licensure status, the school must apply

27 for an original license in accordance with the provisions of this subchapter.

28  (k)(1) Upon closure of a school located in Arkansas and licensed under

29 any provision of this subchapter, whether for license revocation or any other

30 cause, all student financial aid records for the previous three (3) years and

31 all student transcripts regardless of age must be delivered to the division.

32            (2) Delivered records shall be arranged in alphabetical order

33 and stored in boxes or in data format at the discretion of the division.

34            (3) The division shall be responsible for the proper security,

35 storage, and maintenance of all such records.

36

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1   SECTION 39. Arkansas Code � 6-51-607(a)(1), concerning the payment of

2 annual fees by a private resident and correspondence school, is amended to

3 read as follows:

4   (a)(1) Each school licensed under this subchapter shall pay annually a

5 fee to be set by the Division of Higher Education in consultation with the

6 State Board of Private Career Education Arkansas Higher Education

7 Coordinating Board.

8

9   SECTION 40. Arkansas Code � 6-51-609(k), concerning the promulgation

10 of rules related to private resident and correspondence schools, is repealed.

11  (k) In consultation with the State Board of Private Career Education,

12 the Division of Higher Education shall adopt the necessary rules to fully

13 implement the provisions of this section.

14

15  SECTION 41. Arkansas Code � 6-51-610(a), concerning fees related to

16 private resident and correspondence schools, is amended to read as follows:

17  (a) In consultation with the State Board of Private Career Education

18 Arkansas Higher Education Coordinating Board, the Division of Higher

19 Education shall set fees for schools and admissions representatives.

20

21  SECTION 42. Arkansas Code � 6-51-616 is amended to read as follows:

22  6-51-616. Student grievance procedure.

23  (a) Any student may file a written complaint with the Division of

24 Higher Education on the forms prescribed and furnished by the division for

25 that purpose if the student has reason to believe he or she is suffering loss

26 or damage resulting from:

27              (1) The failure of a school to perform agreements made with the

28 student; or

29              (2) An admissions representative's misrepresentations in

30 enrolling the student.

31  (b)(1) All complaints shall be investigated, and attempts shall be

32 made to resolve them informally.

33              (2) If an informal resolution cannot be achieved, the aggrieved

34 party may request a formal hearing to be held before the State Board of

35 Private Career Education Arkansas Higher Education Coordinating Board.

36  (c) The aggrieved party may not pursue resolution before the board if

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1 legal action has been filed.

2   (d) The request for a hearing shall be in writing and filed with the

3 director division within one (1) year of completion of, or withdrawal from,

4 the school.

5   (e) The written request for a hearing shall name the parties involved

6 and specific facts giving rise to the dispute.

7   (f) The ruling of the board shall be binding upon the parties.

8

9   SECTION 43. The introductory language of Arkansas Code � 6-51-617(a),

10 concerning dispute resolution by the State Board of Private Career Education,

11 is amended to read as follows:

12  (a) The State Board of Private Career Education Arkansas Higher

13 Education Coordinating Board shall represent the sole authority to resolve

14 disputes between a student and a school as to grievances relating to:

15

16  SECTION 44. Arkansas Code � 6-51-621 is repealed.

17  6-51-621. Construction of subchapter.

18  Nothing in this subchapter shall be construed to affect the

19 responsibilities of the Arkansas Higher Education Coordinating Board as

20 defined in � 6-61-301.

21

22  SECTION 45. Arkansas Code � 6-51-622(d), concerning rules related to

23 noncommercial driver training instructions, is repealed.

24  (d)(1) In consultation with the State Board of Private Career

25 Education, the Division of Higher Education may promulgate reasonable rules

26 to implement, enforce, and administer this section.

27             (2) The rules of the division shall be issued in accordance with

28 the Arkansas Administrative Procedure Act, � 25-15-201 et seq.

29

30  SECTION 46. Arkansas Code � 6-53-203(a), concerning powers and duties

31 of the Arkansas Higher Education Coordinating Board related to the technical

32 and community college system, is amended to add an additional subdivision to

33 read as follows:

34  (10) Promulgate rules to implement this chapter.

35

36  SECTION 47. Arkansas Code � 6-60-1504 is amended to read as follows:

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1   6-60-1504. Limitations.

2   (a) Nothing in this subchapter shall be interpreted as:

3            (1) Giving a member of the campus community the right to disrupt

4 a previously scheduled or otherwise reserved activity;

5            (2) Authorizing a member of the campus community to disregard a

6 policy of the state-supported institution of higher education regarding:

7                 (A) Compliance with state and federal laws on

8 discrimination and harassment; or

9                 (B) The productive and efficient operation of an

10 instructional or work environment;

11           (3) Preventing a state-supported institution of higher education

12 from prohibiting, limiting, or restricting expression that is not protected

13 under the First Amendment to the United States Constitution or Article 2, �

14 6, of the Arkansas Constitution; or

15           (4) Prohibiting a state-supported institution of higher

16 education from imposing a restriction on the time, place, or manner of

17 expression in or on a campus forum, provided the restriction on the time,

18 place, or manner of expression:

19                (A) Is reasonable;

20                (B) Is justified without reference to the viewpoint of the

21 speaker;

22                (C) Is narrowly tailored to serve a significant state

23 interest; and

24                (D) Leaves open ample alternative channels for

25 communication of the information or message contained in the expression.

26  (b) A state-supported institution of higher education shall not grant

27 excused absences for:

28           (1) Purposes of political protest;

29           (2) Social or public policy advocacy; or

30           (3) Attempts to influence legislation or other governmental

31 policymaking at the local, state, or federal level.

32  (c) Academic standards, teaching standards, education standards,

33 curriculum, teacher professional development, and rules in a state-supported

34 institution of higher education shall not authorize student walkouts for

35 purposes of:

36           (1) Political protest;

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1            (2) Social or public policy advocacy; or

2            (3) Attempts to influence legislation or other governmental

3 policymaking at the local, state, or federal level.

4   (d) This section shall not be construed to prohibit students from

5 attending curricular or co-curricular activities approved by the state-

6 supported institution of higher education.

7   (e)(1) A student who negligently or intentionally causes damages to

8 the property of a state-supported institution of higher education while

9 engaging in a political protest or public policy advocacy shall be liable to

10 the state-supported institution of higher education for damages caused by the

11 student.

12           (2) A state-supported institution of higher education may seek

13 to recover damages described in subdivision (e)(1) of this section in a court

14 of competent jurisdiction.

15           (3) A student of a state-supported institution of higher

16 education who has been found liable for damages described in subdivision

17 (e)(1) of this section shall be subject to the following penalties until the

18 judgment is fully satisfied:

19           (A) The student shall be ineligible to receive a degree or

20 credential from the state-supported institution of higher education; and

21           (B) The state-supported institution of higher education

22 shall not transfer or otherwise endorse credit issued by the state-supported

23 institution of higher education for the purposes of satisfying degree

24 requirements at any other state-supported institution of higher education.

25

26  SECTION 48. Arkansas Code Title 6, Chapter 60, is amended to add

27 additional subchapters to read as follows:

28 Subchapter 16 -- Rejecting Discrimination and Indoctrination in Postsecondary

29                                  Education

30

31  6-60-1601. Legislative findings.

32  The General Assembly recognizes that:

33           (1) The First Amendment of the United States Constitution

34 robustly protects the right to speak without government interference, but not

35 to compel others to adopt, affirm, or adhere to specific beliefs;

36           (2) The Fourteenth Amendment of the United States Constitution

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1 provides that no state shall deny to any person within its jurisdiction the

2 equal protection of the law;

3   (3) Title IV of the Civil Rights Act of 1964 promotes the

4 desegregation of public schools and authorizes the United States Attorney

5 General to file lawsuits to enforce the provisions of the Civil Rights Act of

6 1964. It defines "desegregation" as "the assignment of students to public

7 schools and within such schools without regard to their race, color,

8 religion, or national origin," thereby removing government-sanctioned racial

9 discrimination in schools and implementing the United States Supreme Court's

10 holding in "Brown v. Board of Education", 347 U.S. 483 (1954), that racial

11 separation is a violation of the Equal Protection Clause of the Fourteenth

12 Amendment; and

13  (4) Title VI of the Civil Rights Act of 1964 states that "No

14 person in the United States shall, on the ground of race, color, or national

15 origin, be excluded from participation in, be denied the benefits of, or be

16 subjected to discrimination under any program or activity receiving Federal

17 financial assistance".

18

19  6-60-1602. Purpose.

20  (a) It is the intent of the General Assembly that administrators,

21 faculty, and other employees of a state-supported institution of higher

22 education maintain nondiscriminatory policies in accordance with Title IV,

23 Title VI, and Title VII of the Civil Rights Act of 1964.

24  (b) This subchapter is enacted to:

25  (1) Prevent discrimination;

26  (2) Promote the intellectual development of students and faculty

27 in Arkansas; and

28  (3) Protect the free exchange of ideas according to the United

29 States Constitution and the Arkansas Constitution.

30

31  6-60-1603. Definitions.

32  As used in this subchapter:

33  (1) "Accreditation" means the status of public recognition that

34 an accrediting agency grants to an educational institution;

35  (2) "Accrediting agency" means a legal entity or part of a legal

36 entity that:

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1          (A) Conducts accrediting activities; and

2          (B) Makes decisions about the accreditation or pre-

3 accreditation status of educational institutions;

4          (3) "Affirm, adopt, or adhere to" includes communicative speech

5 or act or action, including without limitation:

6          (A) Engaging in symbolic speech;

7          (B) Holding signs;

8          (C) Raising hands;

9          (D) Signing a pledge; or

10         (E) Participating in a parade, "privilege walk", or

11 racially segregated activity of any sort;

12         (4) "Compel" means:

13         (A) Causing or pressuring an individual to perform an act

14 or action against his or her will; or

15         (B) Retaliating against an individual who declines to

16 perform an act against his or her will;

17         (5) "Diversity, equity, and inclusion initiative" or "DEI"

18 means:

19         (A) An office, division, department, or administrative

20 provider of a unit of study at a state-supported institution of higher

21 education with the purpose of:

22         (i) Influencing academic, administrative, hiring, or

23 employment practices at the state-supported institution of higher education;

24         (ii) Promoting:

25                              (a) Preferences based upon race, color, sex,

26 ethnicity, or national origin;

27                              (b) Differential treatment on the basis of

28 race, color, sex, ethnicity, or national origin; or

29                              (c) Political or social activism to consider

30 race, color, sex, ethnicity, or national origin as factors in decision-

31 making, except where required by federal or state law; or

32         (iii) Any promotion described in subdivision

33 (5)(A)(ii) of this section that conflicts with state and federal

34 antidiscrimination laws; or

35         (B) Any program, activity, applicant statement, or

36 training described in � 6-60-1604 that promotes an activity described in

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1 subdivision (5)(A)(ii) of this section;

2               (6) "State-supported institution of higher education" means a

3 public postsecondary institution or a department in a public postsecondary

4 institution that:

5                    (A) Provides:

6                         (i) An eligible program of training to prepare

7 students for gainful employment in a recognized occupation; or

8                         (ii) A program leading to a baccalaureate degree or

9 a graduate degree; and

10                   (B) Is accredited by a recognized accrediting agency or

11 association and has continuously held the accreditation for the number of

12 years required by the Division of Higher Education; and

13              (7) "Unit of study" means a class, single component, or subject

14 offered by a state-supported institution of higher education for the

15 completion of a degree or that leads to a postsecondary award, including

16 academic credit, or for the purposes of auditing a class.

17

18  6-60-1604. Prohibitions.

19  (a) An officer, agent, administrator, employee, teacher, or contractor

20 of a state-supported institution of higher education shall not compel another

21 officer, agent, administrator, employee, teacher, contractor, or student of

22 the state-supported institution of higher education to personally affirm,

23 adopt, or adhere to ideas or beliefs in violation of Title IV, Title VI, or

24 Title VII of the Civil Rights Act of 1964, including without limitation:

25              (1) That an individual should be adversely or advantageously

26 treated on the basis of his or her race, ethnicity, sex, color, or national

27 origin; and

28              (2) That an individual student of a state-supported institution

29 of higher education or group of students of a state-supported institution of

30 higher education, by virtue of their race, ethnicity, sex, color, or national

31 origin, bear collective guilt or are inherently responsible for actions

32 committed by other members of the same race, ethnicity, sex, color, or

33 national origin.

34  (b) An officer, agent, administrator, employee, teacher, or contractor

35 of a state-supported institution of higher education shall not adversely or

36 advantageously treat students of the state-supported institution of higher

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1 education differently on the basis of race, ethnicity, sex, color, or

2 national origin except to the extent otherwise allowed by federal law.

3   (c)(1) An officer, agent, administrator, employee, teacher, or

4 contractor of a state-supported institution of higher education, when acting

5 in the course of his or her official duties, shall not organize, participate

6 in, or carry out any act or communication that would violate subsection (a)

7 of this section.

8              (2) The prohibition under subdivision (c)(1) of this section

9 shall not be construed to prohibit an employee of a state-supported

10 institution of higher education from:

11                   (A) Discussing the ideas and history of the concepts

12 described in subsection (a) of this section for legitimate educational,

13 andragogical, or pedagogical purposes consistent with this subchapter; and

14                   (B) Using methods of communication not in violation of

15 this subchapter.

16  (d) An officer, agent, administrator, employee, teacher, or contractor

17 of a state-supported institution of higher education may not condition

18 enrollment in or attendance of a class, training, or orientation of the

19 state-supported institution of higher education:

20             (1) On the basis of race, ethnicity, sex, color, or national

21 origin where not required by federal law; or

22             (2) On requiring an individual to personally affirm, adopt, or

23 adhere to a political, philosophical, religious, or other ideological

24 viewpoint.

25  (e) An officer, agent, administrator, employee, teacher, or contractor

26 of a state-supported institution of higher education shall not compel another

27 officer, agent, administrator, employee, teacher, contractor, or student of

28 the state-supported institution of higher education to personally affirm,

29 adopt, or adhere to a political, philosophical, religious, or other

30 ideological viewpoint.

31  (f) A state-supported institution of higher education shall not:

32             (1) Collect and report information related to DEI for

33 institutional accreditation purposes;

34             (2) Comply with any institutional accreditation requirement

35 related to DEI, including without limitation the requirement of a diversity

36 statement from a state-supported institution of higher education or any

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1 employee or contractor of a state-supported institution of higher education;

2 or

3              (3) Comply with any institutional accreditation requirement of

4 an accrediting agency that would require the state-supported institution of

5 higher education to violate this subchapter.

6     (g)(1) This subchapter does not prohibit officers, agents,

7 administrators, employees, teachers, contractors, or students of a state-

8 supported institution of higher education from discussing public policy

9 issues or ideas that individuals may find unwelcome, disagreeable, or

10 offensive.

11             (2) It is the policy of this state that a state-supported

12 institution of higher education educates students of the state-supported

13 institution of higher education on how to think and not what to think.

14    (h)(1) Upon the president or chancellor of a state-supported

15 institution of higher education receiving notice from the Attorney General of

16 a violation of this section, a state-supported institution of higher

17 education that does not immediately make all reasonable efforts to resolve

18 the violation of this section shall demonstrate compliance with all

19 requirements of this section within a reasonable time.

20             (2)(A) A state-supported institution of higher education that

21 fails to demonstrate compliance with all requirements of this section within

22 a reasonable time as required under subdivision (h)(1) of this section shall

23 not be eligible for state funding under the state higher education funding

24 formula.

25             (B) In order to regain eligibility for receipt of state

26 funding, a state-supported institution of higher education shall demonstrate

27 compliance with all requirements of this section for not less than one (1)

28 fiscal year after the fiscal year in which the state-supported institution of

29 higher education became ineligible for receipt of state funding.

30    (i) A state-supported institution of higher education shall not expend

31 any state funds and shall reject any federal funds whose receipt requires the

32 state-supported institution of higher education to violate this subchapter.

33    (j) This subchapter shall not be construed to prevent compliance with

34 any state or federal civil rights laws that do not depend on receipt of state

35 or federal funding.

36    (k) A state-supported institution of higher education shall not

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1 require a current or prospective officer, agent, administrator, employee,

2 teacher, contractor, or student of the state-supported institution of higher

3 education to submit a statement or diversity statement describing his or her

4 views on matters related to race, ethnicity, sex, color, or national origin

5 to be considered for the purposes of hiring, evaluating, admitting, or

6 promoting the officer, agent, administrator, employee, teacher, contractor,

7 or student of the state-supported institution of higher education.

8   (l) This subchapter does not prohibit a state-supported institution of

9 higher education from directing recruitment, advertisement, or promotion

10 efforts to a specific population of prospective or existing students.

11  (m) This subchapter may be enforced by the Attorney General on behalf

12 of the state.

13

14                Subchapter 17 -- Arkansas Direct Admissions Program

15

16  6-60-1701 Title.

17  This subchapter shall be known and may be cited as the "Arkansas Direct

18 Admissions Program Act".

19

20  6-60-1702. Definitions.

21  As used in this subchapter:

22  (1) "Application requirements" means the forms, payments, or

23 activities that are required to be completed by a student to apply to a

24 state-supported institution of higher education as set by each participating

25 institution;

26  (2) "Eligible student" means a student who resides in Arkansas

27 and attends a public or private accredited high school that has agreed to

28 participate in the Arkansas Direct Admissions Program;

29  (3) "Enrollment requirements" means the forms, payments, or

30 activities that are required to be completed by a student to enroll in a

31 state-supported institution of higher education as set by each participating

32 institution;

33  (4) "Participating institution" means a state-supported

34 institution of higher education, community college, or technical college

35 within Arkansas that uses the Arkansas Direct Admissions Program;

36  (5) "Participating public school" means:

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1                   (A) A public high school within a traditional public

2 school district that is accredited by the State Board of Education;

3                   (B) An open-enrollment public charter school organized as

4 a high school that is authorized by the charter authorizing panel; and

5                   (C) A private high school that is accredited by:

6                   (i) The Arkansas Nonpublic School Accrediting

7 Association, Inc., or its successor; or

8                   (ii) Another accrediting association recognized by

9 the state board;

10              (6) "Provisional admissions criteria" means the minimum academic

11 requirements that a student is required to meet to receive a provisional

12 admissions offer from a participating institution; and

13              (7)(A) "Provisional admissions offer" means a determination that

14 a student meets admissions criteria.

15                  (B) "Provisional admissions offer" does not mean

16 acceptance to a participating institution.

17

18  � 6-60-1703. Arkansas Direct Admissions Program.

19  (a) There is established the Arkansas Direct Admissions Program.

20  (b) The program shall:

21              (1) Begin implementation with the high school graduating class

22 of 2026-2027;

23              (2) Establish:

24                  (A) Provisional admissions criteria, including without

25 limitation:

26                  (i) Grade point average;

27                  (ii) Assessment scores; and

28                  (iii) Course completion;

29                  (B) Eligibility requirements for participating

30 institutions that include without limitation:

31                  (i) Application requirements; and

32                  (ii) Enrollment requirements; and

33                  (C) Eligibility requirements for participating public

34 schools;

35              (3) Require the collection of student academic information to

36 determine provisional admissions offers;

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1           (4) Include a common application portal for eligible students to

2 participate in the program that may include without limitation:

3                    (A) Information about participating institutions;

4                    (B) Communication of provisional admissions offers to

5 participating students; and

6                    (C) Information about available financial aid; and

7           (5) Include a plan to conduct outreach to eligible students to

8 provide the eligible students with information regarding the operation of the

9 program.

10  (c) This section shall not prevent a student who does not qualify for

11 a provisional admissions offer from applying for enrollment in a

12 participating institution through the participating institution's existing

13 admissions process.

14  (d) The Division of Higher Education may promulgate rules to implement

15 this subchapter.

16

17  � 6-60-1704. Duties of public school districts and open-enrollment

18 public charter schools.

19  (a) A public school district or open-enrollment public charter school

20 may opt to participate in the Arkansas Direct Admissions Program.

21  (b) A participating public school shall provide student data to the

22 Division of Higher Education that includes without limitation:

23          (1) Grade point average;

24          (2) Assessment scores; and

25          (3) Course completion.

26  (c)(1) Each public school district and open-enrollment public charter

27 school shall inform all students about participation in the Arkansas Direct

28 Admissions Program.

29          (2) A public school district or open-enrollment public charter

30 school shall not actively discourage or prohibit an eligible student from

31 participating in the Arkansas Direct Admissions Program.

32

33  SECTION 49. Arkansas Code Title 6, Chapter 61, Subchapter 1, is

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

35  � 6-61-144. Purple Star Campuses.

36  (a) A state-supported institution of higher education that shows a

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1 significant commitment to serving students and families connected to the

2 United States Armed Forces may be designated as a Purple Star Campus.

3   (b) The Division of Higher Education may promulgate rules to implement

4 this section.

5

6   SECTION 50. Arkansas Code � 6-61-201(a)-(c), concerning membership of

7 the Arkansas Higher Education Coordinating Board, are amended to read as

8 follows:

9   (a)(1) The Beginning May 1, 2025, the Arkansas Higher Education

10 Coordinating Board shall consist of twelve (12) seven (7) members appointed

11 by the Governor as follows:

12                (A)(i) Six (6) Four (4) members who shall be:

13                              (a) Qualified electors of the State of

14 Arkansas; and

15                              (b) Graduates of public two-year or four-year

16 state-supported institutions of higher education within the state.

17                (ii) If an appointee under this subdivision (a)(1)(A)

18 is serving as a member of a board of a two-year or four-year state-supported

19 institution of higher education at the time of appointment to the Arkansas

20 Higher Education Coordinating Board, the appointee shall relinquish his or

21 her membership on the board of the two-year or four-year state-supported

22 institution of higher education; and

23                (B)(i) Six (6) Three (3) members shall be selected from

24 business, industry, education, agriculturally related industry, and medical

25 services and shall not be current members of a board of a public two-year or

26 four-year state-supported institution of higher education.

27                (ii) At least one (1) of the appointees shall have a

28 strong interest in and commitment to economic and workforce development.

29                (iii) At least one (1) of the appointees shall have

30 experience in the knowledge-based technology field.

31          (2) No more than four (4) two (2) members of the Arkansas Higher

32 Education Coordinating Board shall be appointed from any one (1)

33 congressional district as the districts exist at the time of the appointment.

34  (b) Vacancies on the Arkansas Higher Education Coordinating Board

35 shall be filled for the unexpired terms, and the appointments shall be made

36 in the same manner as the positions vacated.

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1   (c)(1) The members of the Arkansas Higher Education Coordinating Board

2 shall serve staggered terms of six (6) years.

3            (2) The terms of two (2) members shall expire each year.

4

5   SECTION 51. Arkansas Code � 6-61-202(a), concerning powers and duties

6 of the Arkansas Higher Education Coordinating Board, is amended to add

7 additional subdivisions to read as follows:

8            (8) Perform all other functions that may now or hereafter be

9 delegated to the Arkansas Higher Education Coordinating Board by law; and

10           (9) Promulgate rules to perform all duties and obligations to

11 implement this subchapter.

12

13  SECTION 52. Arkansas Code � 6-61-231(b)(1), concerning the purpose of

14 the statewide transfer agreement, is amended to read as follows:

15  (b)(1) The purpose of this section is to eliminate obstacles to

16 transfers of credits among public state-supported institutions of higher

17 education in Arkansas by providing a seamless transfer of academic credits

18 from a completed designated transfer degree program or a completed state

19 minimum core curriculum to a baccalaureate degree program without the loss of

20 earned credits and without the receiving public state-supported institution

21 of higher education requiring additional lower-division general education

22 credits.

23

24  SECTION 53. Arkansas Code � 6-61-231(c), concerning the statewide

25 transfer agreement developed by the Arkansas Higher Education Coordinating

26 Board, is amended to add an additional subdivision read as follows:

27           (6)(A) Provides for a reverse transfer agreement for a student

28 seeking an associate degree that transfers to a four-year state-supported

29 institution of higher education before earning an associate degree.

30           (B)(i) Except as provided in subsection (c)(6)(B)(ii), a

31 student shall be awarded an associate degree by the two-year state-supported

32 institution of higher education upon completing the degree requirements at

33 the four-year state-supported institution of higher education if the student

34 earned more than thirty (30) credit hours toward the associate degree at the

35 two-year state-supported institution of higher education.

36           (ii) A student eligible to receive an associate

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1 degree under subdivision (c)(6)(B)(i) of this section shall be:

2                               (a) Notified in writing by the state-supported

3 institution of higher education awarding the associate degree that the

4 student is eligible to receive an associate degree;

5                               (b) Provided an opportunity to decline the

6 award of the associate degree;

7                               (c) Awarded the associate degree if the

8 student takes no action within thirty (30) days of being provided notice

9 under subdivision (c)(6)(B)(ii)(a) of this section; and

10                              (d) Awarded the associate degree by the four-

11 year state-supported institution of higher education if the student elects to

12 be awarded the associate degree by the four-year state-supported institution

13 of higher education upon completion of the degree requirements.

14                    (C)(i) Except as provided in subdivision (c)(6)(B)(ii)(d),

15 a four-year state-supported institution of higher education shall:

16                              (a) Identify each student who has completed at

17 least sixty (60) hours of academic credit and met the state core curriculum

18 requirements; and

19                              (b) Forward a copy of the student's transcript

20 to the two-year state-supported institution of higher education.

21                    (ii) If a student attended more than one (1) two-

22 year state-supported institution of higher education, the student's

23 transcript shall be sent to the two-year state-supported institution of

24 higher education that provided the largest number of credit hours.

25                    (iii) The two-year state-supported institution of

26 higher education shall notify the four-year state-supported institution of

27 higher education if the associate degree has been conferred.

28                    (iv) Upon notification, the four-year state-

29 supported institution of higher education is no longer required to forward

30 subsequent transcripts of the student at the completion of each term.

31

32  SECTION 54. Arkansas Code � 6-61-231(d)(2)(B), concerning the

33 requirement of the Arkansas Higher Education Coordinating Board related to

34 the statewide transfer agreement to identify postsecondary career education

35 programs offered by two-year public institutions of higher education is

36 amended to read as follows:

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1                  (B) Postsecondary career and technical education programs

2 offered by two-year public state-supported institutions of higher education,

3 including those designated as college-credit courses applicable toward a

4 certificate or degree;

5

6          SECTION 55. Arkansas Code � 6-61-234 is amended to read as follows:

7          6-61-234. Productivity-based funding model.

8          (a)(1)(A) The Arkansas Higher Education Coordinating Board shall adopt

9 policies developed by the Division of Higher Education may promulgate rules

10 necessary to implement a productivity-based funding model for state-supported

11 institutions of higher education, including without limitation two-year and

12 four-year state-supported institutions of higher education.

13                 (B) The board shall adopt separate policies for two-year

14 institutions of higher education and four-year institutions of higher

15 education.

16             (2) The policies rules adopted to implement a productivity-based

17 funding model for state-supported institutions of higher education shall

18 contain measures for effectiveness, affordability, and efficiency that

19 acknowledge the following priorities:

20                 (A) Differences in institutional missions;

21                 (B) Completion of students' educational goals;

22                 (C) Progression toward students' completion of programs of

23 study;

24                 (D) Affordability through:

25                        (i) On-time completion of programs of study;

26                        (ii) Limiting the number of excess credits earned by

27 students; and

28                        (iii) Efficient allocation of resources;

29                 (E)(i) Beginning in the 2026-2027 academic year,

30 incorporation of a return on investment metric into the productivity-based

31 funding model.

32                        (ii) The return on investment metric under

33 subdivision (a)(2)(E)(i) of this section shall be defined by rule of the

34 Division of Higher Education.

35                        (iii) The Division of Higher Education shall ensure

36 that the return on investment metric required under subdivision (a)(2)(E)(i)

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1 of this section is aligned with state economic and workforce needs;

2                (E)(F) Institutional collaboration that encourages the

3 successful transfer of students;

4                (F)(G) Success in serving underrepresented students; and

5                (G)(H) Production of students graduating with credentials

6 in science, technology, engineering, mathematics, and high-demand fields that

7 align with statewide and regional workforce needs.

8              (3)(A) The Division of Higher Education may promulgate rules to

9 implement a funding formula to support noncredit programs at a state-

10 supported institution of higher education.

11               (B) Funding for a noncredit program may come from the

12 following:

13               (i) General revenues authorized by law; and

14               (ii) Any other funds as provided by law.

15               (C) The Division of Higher Education shall consult with

16 the Governor's Workforce Cabinet during development of the funding formula

17 for the noncredit programs under subdivision (a)(3)(A) of this section.

18             (3)(4) The productivity-based funding model shall not determine

19 the funding needs of special units such as a medical school, a division of

20 agriculture, or system offices.

21  (b) The productivity-based funding model shall be:

22             (1) Used to align institutional funding with statewide

23 priorities for higher education by:

24               (A) Encouraging programs and services focused on student

25 success; and

26               (B) Providing incentives for progress toward statewide

27 goals; and

28             (2) Built around a set of shared principles that:

29               (A) Are embraced by state-supported institutions of higher

30 education;

31               (B) Employ appropriate productivity metrics; and

32               (C) Are aligned with goals and objectives for

33 postsecondary education attainment in this state.

34  (c)(1) The board Division of Higher Education shall use the

35 productivity-based funding model as the mechanism for recommending funding

36 for state-supported institutions of higher education.

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1             (2) The board Division of Higher Education shall recommend

2 funding for:

3                     (A) State-supported institutions of higher education as a

4 whole; and

5                     (B) The allocation of funding to each state-supported

6 institution of higher education.

7             (3) The board Division of Higher Education shall may make

8 separate recommendations for:

9                     (A) two-year Two-year state-supported institutions of

10 higher education; and

11                    (B) four-year Four-year state-supported institutions of

12 higher education.

13  (d) Funds unallocated to state-supported institutions of higher

14 education due to productivity declines shall be reserved by the division

15 Division of Higher Education to address statewide needs in higher education.

16  (e) The division Division of Higher Education shall review the

17 policies every five (5) years to ensure the productivity-based funding model

18 continues to respond to the needs and priorities of the state.

19  (f) In any fiscal year for which the aggregate general revenue funding

20 forecast to be available for state-supported institutions of higher education

21 is greater than two percent (2%) less than the amount provided for the

22 immediate previous fiscal year, the division shall not further implement the

23 productivity-based funding model until the following fiscal year.

24

25  SECTION 56. Arkansas Code � 6-61-1010, concerning authority of the

26 Arkansas Higher Education Coordinating Board under the Technical College and

27 Community College Capital Improvement Act of 1993, is amended to add an

28 additional subsection to read as follows:

29  (f) The Arkansas Higher Education Coordinating Board may promulgate

30 rules to implement this subchapter.

31

32  SECTION 57. Arkansas Code � 6-61-1402 is amended to read as follows:

33  6-61-1402. Courses included in common course numbering system.

34  (a)(1) The Arkansas Higher Education Coordinating Board, in

35 collaboration with all state-supported institutions of higher education,

36 shall develop and approve a statewide common course numbering system for

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1 lower-division general education courses found within the Arkansas Course

2 Transfer System.

3               (2)(b) A state-supported institution of higher education that is

4 not in full compliance with this subchapter shall not be eligible to accept

5 state aid from the Higher Education Grants Fund Account on behalf of a

6 student.

7   (b)(1) A course designated as an upper-division course level may be

8 offered by any four-year state-supported institution of higher education and

9 shall be characterized by a need for advanced academic preparation and skills

10 that a student would be unlikely to achieve without significant prior

11 coursework.

12              (2) Upper-division courses are not required to be included in

13 the common course numbering system.

14  (c) A course designated as a lower-division course level may be

15 offered by any state-supported institution of higher education.

16  (d) The common course numbering system shall include the thirty-five-

17 hour general education core and major program prerequisites that are included

18 in the state minimum core curriculum under � 6-61-231.

19

20  SECTION 58. Arkansas Code � 6-61-1403 is amended to read as follows:

21  6-61-1403. Additions or alterations.

22  (a) The Commissioner of the Division of Higher Education shall

23 recommend to the Arkansas Higher Education Coordinating Board any additions

24 or alterations to the common course numbering system.

25  (b) The board, with input from the Presidents Council, shall consider

26 the recommended additions and alterations to the common course numbering

27 system.

28  (c) The board may adopt or refuse to adopt suggested additions or

29 alterations to the common course numbering system.

30  Beginning with the 2026-2027 academic year, the Division of Higher

31 Education, in collaboration with the Division of Elementary and Secondary

32 Education, shall:

33              (1) Make recommendations for additions and alterations to the

34 common course numbering system; and

35              (2) Review the common course numbering system to begin aligning

36 elementary and secondary courses.

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1

2   SECTION 59. Arkansas Code � 6-61-1406 is amended to read as follows:

3   6-61-1406. Courses review.

4   (a) The Division of Higher Education, in consultation with the

5 Division of Elementary and Secondary Education, shall:

6   (1) Regularly schedule reviews of courses that are listed in the

7 common course numbering system; and

8   (2) Establish review procedures; and

9   (3) Adopt policies to carry out this section.

10  (b) The Division of Higher Education, in collaboration with the

11 Division of Elementary and Secondary Education, may promulgate rules to

12 implement this subchapter.

13

14  SECTION 60. Arkansas Code � 6-63-104 is amended to read as follows:

15  6-63-104. Faculty performance review.

16  (a)(1) The president and chancellor of each state-supported

17 institution of higher education in Arkansas shall work with the campus

18 faculties to develop a framework to review faculty performance, including

19 post-tenure review.

20  (2)(A) The framework should be used to develop processes and

21 procedures at each state-supported institution to ensure a consistently high

22 level of performance of the faculty at Arkansas's publicly supported

23 institutions a state-supported institution of higher education.

24  (B) The effects of the review process of faculty

25 performance should include rewarding productive faculty, redirecting faculty

26 efforts to improve or to increase productivity, and correcting instances of

27 substandard performance.

28  (C) The framework developed by each state-supported

29 institution shall be reported to the House Committee on Education, the Senate

30 Committee on Education, the Joint Interim Oversight Committee on Education

31 Reform, and the Division of Higher Education no later than December 1, 1998

32 2025, and shall be implemented on the respective campuses no later than

33 January 1, 2001 2026.

34  (b)(1) Pursuant to subsection (a) of this section, each state-

35 supported institution of higher education in Arkansas shall conduct a

36 rigorous, consistently applied, annual review of the performance of all full-

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1 time faculty members.

2            (2) This review shall include assessments by peers, students,

3 and administrators and shall be utilized to ensure a consistently high level

4 of performance and serve in conjunction with other appropriate information as

5 a basis for decisions on promotion, salary increases, and job tenure. The

6 evaluation by students and administrative staff, shall be applicable to all

7 teaching faculty, full-time, part-time, and graduate teaching assistants and

8 shall include an assessment of the fluency in English of the faculty member

9 or graduate teaching assistant. This review shall not be used to demote a

10 tenured faculty member to a nontenured status.

11           (3) The review process may result in the following corrective

12 actions:

13           (A) Remedial training;

14           (B) Removal of tenure status; or

15           (C) Any other action permitted by the state-supported

16 institution of higher education's review policy.

17           (4)(A) A state-supported institution of higher education may

18 require an immediate for cause review of a faculty member as described in

19 subsection (f) of this section.

20           (B) A tenured faculty member may appeal a state-supported

21 institution of higher education's performance review decision in accordance

22 with the provisions set by the state-supported institution of higher

23 education in its faculty performance review framework.

24           (C) A state-supported institution of higher education

25 shall provide a tenured faculty member with appropriate due process.

26  (c)(1) Each college and university state-supported institution of

27 higher education shall continually make efforts to identify any English

28 fluency deficiencies of the teaching faculty and shall take reasonable

29 measures to assist deficient faculty members in becoming proficient in

30 English; however, the responsibility of acquiring the level of English

31 proficiency required for the faculty member's teaching, research, or service

32 assignments rests with the faculty member.

33           (2) Each college and university state-supported institution of

34 higher education shall have a process for addressing concerns raised by

35 students concerning language proficiency problems of faculty members.

36  (d)(1) The division A state-supported institution of higher education

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1 shall be responsible for monitoring the evaluation performance review process

2 and shall report its findings to the Arkansas Higher Education Coordinating

3 Board and to the Legislative Council by August 1 of each year of all faculty

4 members.

5           (2) The state-supported institution of higher education shall

6 report by August 1 each year to its governing board the number of:

7           (A) Tenure track positions;

8           (B) Faculty members with current tenure status;

9           (C) Faculty members that initially received tenure status;

10          (D) Faculty members with tenure status in which tenure was

11 reviewed that year; and

12          (E) Faculty members whose tenure status was:

13                          (i) Maintained;

14                          (ii) Conditionally maintained; and

15                          (iii) Revoked.

16          (3) A copy of the report under subdivision (d)(2) of this

17 section shall be provided to the division and the Legislative Council.

18  (e) Each state-supported institution of higher education shall require

19 full-time faculty members of the college of education and related disciplines

20 to work collaboratively with the accredited public schools in this state, and

21 such faculty involvement shall be included as part of the annual review of

22 the faculty as required by subsection (b) of this section.

23  (f) A state-supported institution of higher education may require an

24 immediate review of a faculty member, including a faculty member with tenure,

25 at any time if the state-supported institution of higher education determines

26 that the faculty member has:

27          (1) Exhibited professional incompetence in the performance of

28 his or her mandatory job duties;

29          (2) Continually or repeatedly failed to perform duties or meet

30 professional responsibilities of the faculty member's position;

31          (3) Failed to successfully complete any post-tenure review

32 professional development program;

33          (4) Violated laws or policies of a university system or a state-

34 supported institution of higher education that are substantially related to

35 the performance of the faculty member's duties;

36          (5) Been convicted of a crime affecting the fitness of the

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1 faculty member to engage in teaching, research, service, outreach, or

2 administration;

3   (6) Engaged in unprofessional conduct that adversely affects the

4 state-supported institution of higher education or the faculty member's

5 performance of duties or meeting of responsibilities;

6   (7) Falsified the faculty member's academic credentials; or

7   (8) Met any other for cause justification as defined in the

8 state-supported institution of higher education's review policy.

9   (g) This section shall not affect the ability of a state-supported

10 institution of higher education to terminate or take other action against a

11 nontenured or at-will faculty member in accordance with the policies of the

12 state-supported institution of higher education.

13

14  SECTION 61. Arkansas Code � 6-80-105 is amended to read as follows:

15  6-80-105. Student financial aid -- Scholarship stacking -- Definitions.

16  (a) As used in this section:

17  (1) "Cost of attendance" means the recognized cost of attendance

18 of an institution of higher education calculated under rules established by

19 the Division of Higher Education amount reported as the cost of attendance by

20 an institution of higher education to the Division of Higher Education

21 through the Integrated Postsecondary Education Data System;

22  (2) "Federal aid" means scholarships or grants awarded to a

23 student as a result of the Free Application for Federal Student Aid,

24 excluding the Pell Grant;

25  (3) "Other aid" means a scholarship, grant, waiver, or

26 reimbursement for tuition, fees, books, or other cost of attendance, other

27 than federal aid or state aid, provided to a student from a postsecondary

28 institution or a private source;

29  (4) "State aid" means scholarships or grants awarded to a

30 student from public funds, including without limitation the Arkansas Academic

31 Challenge Scholarship under � 6-85-201 et seq., the Division of Higher

32 Education division's scholarship and grant programs, state general revenues,

33 tuition, and local tax revenue; and

34  (5)(A) "Student aid package" means federal aid, state aid, and

35 other aid a student receives for postsecondary education expenses.

36                 (B) "Student aid package" does not include federal aid,

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1 state aid, or other aid received by a student who is:

2                    (i) An active member of the United States Armed

3 Forces;

4                    (ii) An active member of the National Guard;

5                    (iii) A member of the reserve components of the

6 armed forces; or

7                    (iv) The spouse of a person under subdivision

8 (a)(5)(B)(i), subdivision (a)(5)(B)(ii), or subdivision (a)(5)(B)(iii) of

9 this section.

10  (b)(1) The federal cost of attendance method shall be used for all

11 students receiving state aid, regardless of whether a student is receiving

12 federal aid.

13             (2)(A) Costs that would not be included in the federal cost of

14 attendance shall not be included in the package for a student who receives

15 state aid.

16                   (B) Exceptions to the normal federal cost of attendance

17 allowances as set forth in federal regulations may be included in the cost of

18 attendance calculations.

19                   (C) Institutional work study is not included in cost of

20 attendance unless the institutional work study is need-based.

21             (3) A postsecondary institution shall not award state aid in a

22 student aid package in excess of the cost of attendance at the institution

23 where the student enrolls.

24             (2) For the purpose of stacking scholarships in a student's

25 student aid package, the Arkansas Academic Challenge Scholarship under � 6-

26 85-201 et seq. shall be reduced or returned first.

27             (4) A two-year private postsecondary institution of higher

28 education shall not award state aid in a student aid package at a cost

29 greater than any two-year state-supported institution of higher education.

30             (5) A four-year private postsecondary institution of higher

31 education shall not award state aid in a student aid package at a cost

32 greater than any four-year state-supported institution of higher education.

33             (6) An institution of higher education shall award aid in the

34 following order:

35                   (A) The Arkansas Academic Challenge Scholarship;

36                   (B) Any other state scholarship program, excluding the

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1 Arkansas Future Grant Program, Arkansas Teacher Academy Scholarship Program,

2 and Arkansas National Guard Tuition Waiver Program;

3                (C) The Arkansas Future Grant Program, Arkansas Teacher

4 Academy Scholarship Program, or Arkansas National Guard Tuition Waiver

5 Program; and

6                (D) Institutional aid.

7         (c) A postsecondary institution shall report to the division, no later

8 than September 30 of each year, the total amount of federal aid, state aid,

9 and other aid a student receives if the student receives an award from a

10 division scholarship or grant program, including the Arkansas Academic

11 Challenge Scholarship under � 6-85-201 et seq.

12        (d)(1) When a student receives a student aid package that includes

13 state aid and the student aid package exceeds the cost of attendance, the

14 postsecondary institution shall repay state aid in the amount exceeding the

15 cost of attendance, starting with state aid received under the Arkansas

16 Academic Challenge Scholarship under � 6-85-201 et seq utilizing the stacking

17 order under subdivision (b)(6) of this section.

18        (2) The division shall credit the excess state aid funds to the

19 appropriate division fund or trust account.

20        (e) A student awarded state aid shall disclose all state aid, federal

21 aid, and other aid to:

22        (1) The division if the division awards state aid to the

23 student; and

24        (2) A postsecondary institution that awards state aid or other

25 aid to the student.

26        (f) Except as otherwise provided by federal law, federal aid will be

27 applied before state aid governed by this section.

28

29        SECTION 62. Arkansas Code Title 6, Chapter 80, Subchapter 1, is

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

31        6-80-110. Utilization of the Classic Learning Test.

32        (a) A state-supported institution of higher education shall accept the

33 Classic Learning Test (CLT) examination to the same extent the state-

34 supported institution of higher education accepts the ACT test and the SAT

35 test.

36        (b)(1) Subsection (a) of this section shall apply to admissions

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1 criteria and eligibility criteria for state-funded financial assistance

2 programs.

3            (2) Subsection (a) of this section does not apply to

4 institutional assistance programs.

5

6   SECTION 63. Arkansas Code Title 6, Chapter 80, is amended to add an

7 additional subchapter to read as follows:

8   Subchapter 2 -- Residency Classification for State-funded Scholarships at

9            State-Supported Institutions of Higher Education

10

11  6-80-201. Title.

12  This subchapter shall be known and may be cited as the "Residency

13 Classification for State-funded Scholarships at State-Supported Institutions

14 of Higher Education".

15

16  6-80-202. Residency classification for state-funded scholarships

17 administered by Division of Higher Education.

18  (a)(1) In making decisions about the residency classification or

19 reclassification of a student for state-funded scholarship purposes, unless

20 otherwise specified by statute, a student shall be classified as an in-state

21 resident for state-funded scholarship purposes only if the student:

22                   (A) Will graduate or has graduated from an Arkansas public

23 school, private school, or home school within nine (9) months of enrolling in

24 the state-supported institution of higher education; or

25           (B) Established legal residency in Arkansas by:

26                   (i) Meeting the requirements of rules promulgated by the

27 Division of Higher Education; and

28                   (ii) Being physically present in Arkansas for at least six

29 (6) continuous months with the intent to remain in Arkansas.

30           (2) Mere physical presence in Arkansas is not sufficient to

31 establish residency or demonstrate future intent under subdivision (a)(1)(B)

32 of this section.

33           (3) A student who claims in-state residency for purposes of

34 state-funded scholarship eligibility but receives Free Application for

35 Federal Student Aid (FAFSA) verification that he or she is not an in-state

36 resident shall have his or her state-funded scholarship amount reduced or

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1 rescinded to reflect the change in residency status.

2       (b) A member of the United States Armed Forces who is stationed in

3 Arkansas under military orders, along with his or her dependents, is entitled

4 to classification as an in-state resident for state-funded scholarship

5 purposes.

6

7       6-80-203. Duties and responsibilities of students.

8       (a)(1) It is the responsibility of each student, at the time of

9 registration, to seek the proper residency classification for state-funded

10 scholarship purposes.

11           (2) A participating state-supported institution of higher

12 education shall have a process for a student to appeal a residency

13 classification for state-funded scholarship purposes

14      (b)(1) A student who knowingly gives false information to establish

15 residency classification for state-funded scholarship purposes shall be

16 subject to dismissal by the state-supported institution of higher education.

17           (2) An initial classification as an out-of-state student shall

18 not limit the right of a student to be reclassified later as a resident of

19 Arkansas for state-funded scholarship purposes provided that the student can

20 establish proof of legal residence in Arkansas.

21

22      SECTION 64. Arkansas Code � 6-81-604(6), concerning the grade point

23 average required for grant recipients under the Teacher Opportunity Program,

24 is amended to read as follows:

25           (6) Grant recipients shall maintain a cumulative grade point

26 average in their college work of no less than 2.5 on a 4.0 scale or maintain

27 an appropriate equivalent as determined by the Division of Higher Education.

28

29      SECTION 65. Arkansas Code � 6-81-605 is amended to read as follows:

30      6-81-605. Grants -- Priority.

31      (a)(1) The first priority for the award of funds under the Teacher

32 Opportunity Program is the award of reimbursements for additional education

33 in:

34           (A) Science, technology, engineering, or mathematics

35 fields;

36           (B) Computer science;

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1              (C) Literacy or reading;

2              (D) Prekindergarten education; or

3              (E) Special education.

4              (2) If funds are available after all awards are made under

5 subdivision (a)(1) of this section, then additional reimbursements awards may

6 be made in accordance with the following:

7              (A)(i) A teacher may receive an award if seeking dual

8 licensure in an additional subject area different from the subject area in

9 which the teacher is currently teaching, if he or she does not have a current

10 license for the additional subject area.

11                      (ii) The amount of the award and the number of

12 recipients selected by the Division of Higher Education is contingent on the

13 appropriation and availability of funding for that purpose;

14             (B)(i) A student may receive reimbursements up to but not

15 in excess of the cost of his or her student fees, books, and instructional

16 supplies at the public institution of higher education in this state

17 assessing the highest rate of student fees an award that shall not exceed the

18 cost of tuition and fees required to complete six (6) semester credit hours

19 per academic year.

20                      (ii) For purposes of award disbursement under

21 subdivision (a)(2)(B)(i) of this section, an academic year begins in the fall

22 semester and runs through the summer semester;

23             (B) The reimbursements made to one (1) student within one

24 (1) fiscal year may not exceed the costs associated with six (6) semester

25 credit hours or the equivalent of six (6) semester credit hours; and

26             (C) All other requirements established by the Division of

27 Higher Education are met.

28  (b)(1) The Division of Higher Education shall determine priorities for

29 awarding reimbursements awards if there are more applicants than funds

30 available.

31             (2) Priorities shall be determined in coordination with the

32 Division of Elementary and Secondary Education and shall be based on the

33 needs of the state.

34

35  SECTION 66. Arkansas Code � 6-81-607(3), concerning the definition of

36 "student" under the Teacher Opportunity Program, is amended to add an

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1 additional subdivision to read as follows:

2              (F) Any other subject matter as determined by the

3 division.

4

5          SECTION 67. Arkansas Code �� 6-81-608 and 6-81-609 are repealed.

6          6-81-608. Dual Licensure Incentive Program.

7          (a) There is created the Dual Licensure Incentive Program to encourage

8 classroom teachers currently employed by school districts in the state to

9 return to college to obtain licensure in one (1) or more additional subject

10 areas.

11         (b) The program shall be administered by the Division of Higher

12 Education.

13         (c)(1) A classroom teacher returning to college as a student may

14 receive a reimbursement not to exceed the cost of student fees, books, and

15 instructional supplies.

16             (2) The student fee reimbursement amount shall be based on the

17 student fees of the state-supported institution of higher education that

18 assesses the highest rate of student fees in this state.

19         (d) The reimbursement made to a classroom teacher returning to college

20 as a student in one (1) fiscal year may not exceed the cost associated with

21 six (6) semester credit hours or the equivalent of six (6) semester credit

22 hours.

23

24         6-81-609. Dual licensure funding.

25         (a)(1)(A) A classroom teacher employed by a school district in the

26 state may receive a reimbursement from the Dual Licensure Incentive Program

27 if the classroom teacher returns to an approved institution of higher

28 education to obtain licensure in an additional subject area:

29                          (i) Declared to be a shortage area by the Division

30 of Elementary and Secondary Education;

31                          (ii) That the classroom teacher is currently teaching

32 but for which he or she does not have a licensure; or

33                          (iii) And grade level in which the school district

34 has requested a waiver under � 6-17-309.

35             (B)(i) A reimbursement from the Dual Licensure Incentive

36 Program shall include funding for the cost of tuition, books, and fees not to

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1 exceed three thousand dollars ($3,000) each college year.

2               (ii) The amount of the reimbursement and the number

3 of reimbursement recipients selected by the Division of Higher Education is

4 contingent on the appropriation and availability of funding for such a

5 purpose.

6               (2) To be eligible for a reimbursement under the Dual Licensure

7 Incentive Program, the person shall be:

8               (A) Employed as a classroom teacher for no less than three

9 (3) years of teaching immediately preceding the application; and

10              (B) Accepted for enrollment in a classroom teacher

11 education program that will lead to a licensure to teach in a subject area

12 that:

13              (i) Is different from the classroom teacher's

14 current area of licensure; and

15              (ii) Either:

16                              (a) Has been identified as a subject area with

17 a shortage of classroom teachers as declared by the Division of Elementary

18 and Secondary Education; or

19                              (b) Is in the grade level and subject matter

20 area for which the school district has requested a waiver under � 6-17-309.

21        (b)(1) The Arkansas Higher Education Coordinating Board shall

22 promulgate rules as necessary to implement the Dual Licensure Incentive

23 Program.

24              (2) The number of classroom teacher participants each year shall

25 be determined by the amount of funding available for the Dual Licensure

26 Incentive Program and the limitations set under this section.

27

28        SECTION 68. Arkansas Code � 6-82-108(e), concerning funding of the

29 Academic Support Scholarship with certain remaining funds, is amended to read

30 as follows:

31        (e) A scholarship under this section shall be funded with any funds

32 remaining after the division allocates sufficient funding to award Arkansas

33 Academic Challenge Scholarships under � 6-85-201 et seq., Arkansas Workforce

34 Challenge Scholarships under � 6-85-301 et seq., and Arkansas Concurrent

35 Challenge Scholarships under � 6-85-401 et seq ACCESS to Acceleration

36 Scholarships under � 6-85-701 et seq.

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1

2   SECTION 69. Arkansas Code � 6-82-302 is amended to read as follows:

3   6-82-302. Definitions.

4   As used in this subchapter, unless the context otherwise requires:

5   (1) "Academic ability" means the intellectual standing of a

6 student. In determining superior academic ability, the Division of Higher

7 Education shall examine the student's high school records, competitive

8 examination scores, and demonstrated leadership capabilities;

9   (2) "Approved institution" means a public state-supported

10 institution of higher education or private college or university:

11  (A) Which is dedicated to educational purposes, located in

12 Arkansas, or located out of state and educating Arkansas residents in

13 dentistry, optometry, veterinary medicine, podiatry, chiropractic, or

14 osteopathy under agreement with the Southern Regional Education Board,

15 accredited by an accrediting agency certified and recognized by the United

16 States Department of Education or the Division of Agency Evaluation and

17 Institutional Accreditation, or a school giving satisfactory assurance that

18 it has the potential for accreditation and is making progress which, if

19 continued, will result in its achieving accreditation professional programs

20 not offered in the state under the Arkansas Health Education Grant Program;

21  (B) Which does not discriminate in the admission of

22 students on the basis of race, color, religion, sex, or national origin; and

23  (C) Which subscribes to the principle of academic freedom;

24  (3) "Competitive examination" means a standardized examination

25 measuring achievement which is administered annually on a specified date and

26 at a specified location and which is announced publicly;

27  (4) "Eligible student" means a legal resident of the State of

28 Arkansas as defined by the Division of Higher Education who:

29  (A) Is eligible for admission as a full-time student;

30  (B) Declares an intent to matriculate in an approved

31 institution in Arkansas; and

32  (C) Graduates from:

33                          (i) A a high school in this state, for Arkansas

34 Governor's Scholars; or

35                          (ii) A high school, for Arkansas Governor's

36 Distinguished Scholars;

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1             (5) "Exemplary academic achievement" means a student that

2 achieves exemplary performance, as determined by the division, based on one

3 (1) or more of the following:

4             (A) SAT, CLT, or ACT;

5             (B) High school grade point average;

6             (C) High school rank upon graduation;

7             (D) Associate degree upon graduation from high school; and

8             (E) Being a recipient of a diploma of distinction;

9             (5)(A)(6)(A) "Extraordinary academic ability" means:

10            (i) Achievement of a superscore, as defined by � 6-

11 85-204, of 32 or above on the ACT or a score of 1410 or above on the SAT; and

12            (ii) Either:

13                               (a) For students graduating from high school

14 after December 31, 2001, A student graduating from high school with an

15 achievement of a high school grade point average of 3.5 or above on a 4.0

16 scale; or

17                               (b) Selection as a finalist in either the

18 National Merit Scholarship competition, the National Hispanic Recognition

19 Program, or the National Achievement Scholarship competition conducted by the

20 National Merit Scholarship Corporation.

21            (B) For students graduating after December 31, 2001, the

22 The ACT superscores and SAT scores shall be earned by December 31 February 28

23 prior to the application deadline in order for the scores to be considered by

24 the Division of Higher Education division for a scholarship award;

25            (6)(7) "Full-time student" means a legal resident of Arkansas

26 who is in attendance at an approved private or public institution and who is

27 enrolled in at least twelve (12) credit hours the first semester and fifteen

28 (15) hours thereafter, or other reasonable academic equivalent as defined by

29 the Division of Higher Education division;

30            (7)(8) "Scholarship" means an award to an eligible student for

31 matriculation in an approved institution in the State of Arkansas; and

32            (8)(9) "Undergraduate student" means an individual who is

33 enrolled in a postsecondary educational program which leads to or is directly

34 creditable toward the individual's first baccalaureate degree.

35

36  SECTION 70. Arkansas Code � 6-82-306, concerning eligibility under the

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1 Arkansas Governor's Scholars Program, is amended to add additional

2 subsections to read as follows:

3       (e) An Arkansas Governor's Scholar shall be chosen based on a student

4 who:

5             (1) Graduates with a diploma of distinction based on criteria

6 determined by the State Board of Education; or

7             (2) Earns an associate degree upon completing the summer term

8 immediately following graduation from high school.

9       (f) An Arkansas Governor's Scholar shall be chosen based on a student

10 exhibiting the highest exemplary academic achievement if:

11            (1) There are no recipients of the Arkansas Governor's

12 Distinguished Scholarship; or

13            (2) An Arkansas Governor's Scholar under subsection (e) of this

14 section is not chosen in any given Arkansas county.

15

16      SECTION 71. Arkansas Code � 6-82-310, concerning the use of funds

17 under the Arkansas Governor's Scholars Program, is amended to add an

18 additional subsection to read as follows:

19      (c) In the event the number of students who qualify for a scholarship

20 under this subchapter during an academic year exceeds the amount of funds

21 appropriated to the Higher Education Grants Fund Account for purposes of

22 funding students who qualify for a scholarship under this subchapter during

23 the given academic year, the excess awards that qualify for distribution

24 under this subchapter shall be funded with any net proceeds from the state

25 lottery remaining after the Division of Higher Education allocates sufficient

26 funding to award the following scholarships at levels equivalent to the

27 awards made in the previous academic year:

28      (1) Arkansas Academic Challenge Scholarship, � 6-85-201 et seq.; and

29      (2) Arkansas Workforce Challenge Scholarship, � 6-85-301 et seq.

30

31      SECTION 72. Arkansas Code Title 6, Chapter 82, Subchapter 5, is

32 repealed.

33            Subchapter 5 -- Children of Law Enforcement Officers, Etc.

34

35      6-82-501. Definitions.

36      As used in this subchapter:

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1               (1) "Child" or "children" means any natural child, adopted

2 child, or stepchild who is eligible under � 6-82-504;

3               (2) "Division of Community Correction employee" means any

4 employee of the Division of Community Correction who suffers fatal injuries

5 or wounds or becomes permanently and totally disabled as a result of injuries

6 or wounds that occurred through contact with parolees, probationers, or

7 center residents;

8               (3)(A) "Emergency medical services personnel" means an

9 individual licensed by the Department of Health at any level established by

10 the rules adopted by the State Board of Health under the Emergency Medical

11 Services Act, � 20-13-201 et seq., and authorized to perform those services

12 set forth in the rules.

13                   (B) This shall include without limitation an emergency

14 medical technician, advanced emergency medical technician, paramedic,

15 emergency medical services instructor, or emergency medical services

16 instructor trainer;

17              (4) "Firefighter" means any firefighter employed on a full-time

18 or volunteer duty status while actually engaged in the performance of his or

19 her duties;

20              (5) "Law enforcement officer" means a:

21                   (A) Constable, which includes all duly elected constables

22 of any beat of any county within the state while actually engaged in the

23 performance of their duties concerning the criminal laws of the county and

24 state;

25                   (B) Game warden, which includes all appointed game wardens

26 employed by the State of Arkansas on a full-time duty status while actually

27 engaged in their duties concerning the game laws of this state;

28                   (C) Municipal and college or university police officer,

29 which includes all law enforcement officers of any municipality, college, or

30 university who are regular duty personnel on full-time status and does not

31 include auxiliary officers or those serving on a temporary or part-time

32 status;

33                   (D) Sheriff or deputy sheriff, which includes all law

34 enforcement officers of full-time status on a regular basis serving the

35 sheriff's department of any county but does not include deputy sheriffs who

36 are engaged in administrative or civil duty or deputy sheriffs serving in a

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1 temporary capacity or part-time basis; and

2                     (E) State highway patrolman, which includes any law

3 enforcement officer, regardless of department or bureau, of the Division of

4 Arkansas State Police;

5   (6) "State correction employee" means any employee of the

6 Division of Correction or the Arkansas Correctional School District who

7 becomes subject to injury through contact with inmates or parolees of the

8 Division of Correction;

9   (7) "State forestry employee" means an employee of the Arkansas

10 Forestry Commission who is actively engaged in his or her duties of fighting

11 forest fires;

12  (8) "State highway employee" means any employee of the Arkansas

13 Department of Transportation who actively engages in highway maintenance,

14 construction, or traffic operations on the roadways and bridges of the state

15 highway system while the roadways and bridges are open for use by the

16 traveling public;

17  (9) "State parks employee" means any employee of the Department

18 of Parks, Heritage, and Tourism who is a commissioned law enforcement officer

19 or emergency response employee while actively engaged in the performance of

20 his or her duties; and

21  (10) "Teacher" means any person employed by a public school for

22 the purpose of giving instruction and whose employment requires state

23 certification.

24

25  6-82-502. Rules.

26  The Arkansas Higher Education Coordinating Board is directed and

27 empowered to promulgate rules as necessary to administer benefits awarded

28 under this subchapter by the Arkansas State Claims Commission.

29

30  6-82-503. Entitlement.

31  (a) If any Arkansas law enforcement officer, full-time or volunteer

32 firefighter, emergency medical technician, state highway employee, state

33 correction employee, Division of Community Correction employee, state parks

34 employee, teacher, or state forestry employee suffers fatal injuries or

35 wounds or becomes permanently and totally disabled as a result of injuries or

36 wounds that occurred in the performance of a hazardous duty within the scope

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1 of his or her employment or that occurred en route to or returning from a

2 location where a hazardous situation existed, his or her children and spouse

3 shall be entitled to a total of eight (8) semesters, or the equivalent

4 thereof, of scholarship awards without cost, exclusive of books, food, school

5 supplies, materials, and dues or fees for extracurricular activities, at any

6 state-supported college, university, or technical institute of his or her

7 choice within this state. Up to four (4) semesters, or the equivalent

8 thereof, may be taken at a technical institute.

9        (b) Scholarship benefits shall not accrue under this subchapter to any

10 person if the wounds or injuries suffered by any law enforcement officer,

11 firefighter, emergency medical technician, state highway employee, state

12 correction employee, Division of Community Correction employee, state parks

13 employee, teacher, or state forestry employee are self-inflicted or if the

14 death is self-induced.

15       (c) Unless � 6-82-504(e) is applicable, the Arkansas State Claims

16 Commission shall award any scholarship benefit provided by this subchapter at

17 the same time that any death benefit or total and permanent disability

18 benefit is awarded by the commission under the provisions of � 21-5-701 et

19 seq.

20

21       6-82-504. Awards to children.

22       (a) In order for a natural child to be eligible to receive a

23 scholarship benefit:

24       (1) The child must have been born prior to the date of the death

25 or total and permanent disability of the law enforcement officer,

26 firefighter, emergency medical technician, state highway employee, state

27 correction employee, Division of Community Correction employee, state parks

28 employee, teacher, or state forestry employee; or

29       (2) The law enforcement officer, firefighter, emergency medical

30 technician, state highway employee, state correction employee, Division of

31 Community Correction employee, state parks employee, teacher, or state

32 forestry employee or the spouse of the law enforcement officer, firefighter,

33 emergency medical technician, state highway employee, state correction

34 employee, Division of Community Correction employee, state parks employee,

35 teacher, or state forestry employee must have been pregnant with the child at

36 the time of the death or total and permanent disability of the law

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1 enforcement officer, firefighter, emergency medical technician, state highway

2 employee, state correction employee, Division of Community Correction

3 employee, state parks employee, teacher, or state forestry employee.

4   (b) In order for an adopted child to be eligible to receive a

5 scholarship benefit:

6   (1) The child must have been adopted prior to the date of the

7 death or total and permanent disability of the law enforcement officer,

8 firefighter, emergency medical technician, state highway employee, state

9 correction employee, Division of Community Correction employee, state parks

10 employee, teacher, or state forestry employee; or

11  (2) The child's adoption process must have begun prior to the

12 date of the death or total and permanent disability of the law enforcement

13 officer, firefighter, emergency medical technician, state highway employee,

14 state correction employee, Division of Community Correction employee, state

15 parks employee, teacher, or state forestry employee.

16  (c) In order for a stepchild under nineteen (19) years of age to be

17 eligible to receive a scholarship benefit:

18  (1) The stepchild must have been listed as a dependent on the

19 federal and state income tax returns of the law enforcement officer,

20 firefighter, emergency medical technician, state highway employee, state

21 correction employee, Division of Community Correction employee, state parks

22 employee, teacher, or state forestry employee in each of the five (5) income

23 years immediately prior to the date of the death or total and permanent

24 disability of the law enforcement officer, firefighter, emergency medical

25 technician, state highway employee, state correction employee, Division of

26 Community Correction employee, state parks employee, teacher, or state

27 forestry employee; and

28  (2) The stepchild must have received more than one-half (�) of

29 his or her financial support from the law enforcement officer, firefighter,

30 emergency medical technician, state highway employee, state correction

31 employee, Division of Community Correction employee, state parks employee,

32 teacher, or state forestry employee in each of the five (5) income years

33 immediately prior to the date of the death or total and permanent disability

34 of the law enforcement officer, firefighter, emergency medical technician,

35 state highway employee, state correction employee, Division of Community

36 Correction employee, state parks employee, teacher, or state forestry

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1 employee.

2   (d) In order for a stepchild nineteen (19) years of age or older to be

3 eligible to receive a scholarship benefit:

4            (1) The stepchild must have been listed as a dependent on the

5 federal and state income tax returns of the law enforcement officer,

6 firefighter, emergency medical technician, state highway employee, state

7 correction employee, Division of Community Correction employee, state parks

8 employee, teacher, or state forestry employee in each of five (5) income

9 years during the eight (8) years immediately prior to the date of the death

10 or total and permanent disability of the law enforcement officer,

11 firefighter, emergency medical technician, state highway employee, state

12 correction employee, Division of Community Correction employee, teacher,

13 state parks employee, or state forestry employee; and

14           (2) The stepchild must have received more than one-half (�) of

15 his or her financial support from the law enforcement officer, firefighter,

16 emergency medical technician, state highway employee, state correction

17 employee, Division of Community Correction employee, state parks employee,

18 teacher, or state forestry employee in each of five (5) income years during

19 the eight (8) years immediately prior to the date of the death or total and

20 permanent disability of the law enforcement officer, firefighter, emergency

21 medical technician, state highway employee, state correction employee,

22 Division of Community Correction employee, state parks employee, teacher, or

23 state forestry employee.

24  (e) If the covered public employee or his or her heirs did not file

25 for the available death or disability benefit, but were otherwise eligible to

26 receive, within the time frame provided in � 21-5-703, then the covered

27 public employee's child or children who would have otherwise been eligible to

28 receive the provided educational scholarship benefit under this section may

29 individually file prior to their twenty-first birthdays a claim to receive

30 the provided educational scholarship benefit.

31

32  6-82-505. Limits for scholarship.

33  (a) No child will be entitled to receive benefits under this

34 subchapter during any semester or quarter when the child has reached twenty-

35 three (23) years of age on or before the first day of the semester or

36 quarter.

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1   (b) No spouse will be eligible for the education benefit if he or she

2 remarries. The benefit will cease at the end of the semester at which the

3 spouse is currently enrolled at the time of the marriage.

4

5   6-82-506. Written application for benefits.

6   Any person claiming benefits awarded by the Arkansas State Claims

7 Commission under the provisions of this subchapter shall make written

8 application with the Division of Higher Education on forms provided by the

9 division.

10

11  6-82-507. Renewal of scholarship.

12  To retain eligibility for a scholarship benefit under this subchapter,

13 a recipient shall:

14           (1) Maintain a minimum of a 2.0 grade point average on a 4.0

15 scholastic grading scale; and

16           (2) Meet any other continuing eligibility criteria established

17 by the Division of Higher Education.

18

19  SECTION 73. Arkansas Code � 6-82-601(i)(3), concerning funding by

20 certain scholarships related to tuition waivers for dependents of certain

21 veterans, is amended to read as follows:

22           (3) Arkansas Concurrent Challenge Scholarship, � 6-85-401 et seq

23 ACCESS to Acceleration Scholarship, � 6-85-701 et seq.

24

25  SECTION 74. Arkansas Code � 6-82-1802(c), concerning continuing

26 eligibility under the Arkansas Future Grant Program, is amended to read as

27 follows:

28  (c) A student may continue to be eligible until the student has:

29           (1) Received the grant for five (5) academic semesters a maximum

30 of seventy-five (75) course credit hours in which the student is enrolled;

31           (2) Obtained an associate degree; or

32           (3) Failed to maintain satisfactory academic progress, as

33 determined by the approved institution of higher education in which the

34 student is enrolled; or

35           (4) Failed to complete the mentoring or community service

36 requirements under � 6-82-1804.

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1

2          SECTION 75. Arkansas Code � 6-82-1803(a)(1), concerning distribution

3 of the Arkansas Future Grant Program, is amended to read as follows:

4          (a)(1) An Arkansas Future Grant shall be in:

5                  (A) Distributed in accordance with the Division of Higher

6 Education's stacking policy under � 6-80-105; and

7                  (B) In an amount equal to the tuition, fees, and other

8 charges incurred by a student who meets the requirements under � 6-82-1802 to

9 attend an approved institution of higher education less the amount the

10 student receives in:

11                 (A) State-supported student financial assistance;

12                 (B) Federal student financial assistance; and

13                 (C) Private scholarships.

14

15         SECTION 76. Arkansas Code � 6-82-1804(a), concerning the written

16 agreement requirements for a recipient of an Arkansas Future Grant, is

17 amended to read as follows:

18         (a)(1) A student who receives an Arkansas Future Grant shall enter

19 into a written agreement with the Division of Higher Education to:

20             (1)(A) Receive monthly mentoring from a mentor from an

21 organization determined by the Division of Higher Education.

22                 (B) A mentor under subdivision (a)(1)(A) of this section

23 shall:

24                       (i) Receive annual mentoring training:

25                              (a) Developed by the Division of Higher

26 Education; and

27                              (b) Provided by a local volunteer group

28 approved by the Division of Higher Education; and

29                       (ii) Certify to the Division of Higher Education

30 that at least one (1) time each semester the mentor has provided mentoring

31 services by telephone, email, or in person to each student he or she is

32 mentoring;

33             (2)(A) Complete at least ten (10) hours of community service

34 each semester the student receives a grant.

35                 (B)(i) A student may select a community service project

36 that meets requirements developed by the Division of Higher Education.

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1                          (ii) An approved institution of higher education may

2 provide community services opportunities designed to benefit the approved

3 institution of higher education community or the broader local community.

4                (C) A student shall certify his or her community service

5 to the approved institution of higher education by the last regular day of

6 the semester the student received the grant; and

7       (3)(A) Reside reside in this state for three (3) consecutive

8 years six (6) months and be employed beginning within six (6) months after

9 receiving an associate degree or a certification.

10               (B)(2) The Division of Higher Education may defer the

11 requirement under subdivision (a)(3)(A) subdivision (a)(1) of this section

12 if:

13                         (i)(A) The Division of Higher Education, in

14 consultation with the Division of Workforce Services, determines that there

15 was no employment position available that would reasonably enable the student

16 to meet this requirement; or

17                         (ii)(B) Special circumstances as determined by the

18 Division of Higher Education exist.

19               (C)(3) After the period of deferral, the student shall

20 begin or resume working in this state or become subject to repayment under

21 subsection (b) of this section.

22

23      SECTION 77. Arkansas Code � 6-82-2205(b), concerning the requirements

24 for an eligible postsecondary institution under the Arkansas Teacher Academy

25 Scholarship Program, is amended to read as follows:

26      (b) An eligible postsecondary institution may:

27      (1) Develop develop a portfolio of teacher preparation programs

28 to offer as part of its Arkansas Teacher Academy;

29      (2)(A) Give priority to students in grades eleven (11) and

30 twelve (12).

31               (B) However, an eligible postsecondary institution shall

32 not exclude students in grades nine (9) and ten (10) from its Arkansas

33 Teacher Academy; and

34      (3)(A) Use scholarship funds that exceed the cost of tuition and

35 fees at the eligible postsecondary institution to support its Arkansas

36 Teacher Academy costs.

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1                     (B) However, if a scholarship awarded to an academy

2 attendee under this subchapter does not cover the eligible postsecondary

3 institution's tuition and fees after an academy attendee receives all other

4 financial gifts, financial aid, and grants, the eligible postsecondary

5 institution shall not charge an academy attendee awarded a scholarship under

6 this subchapter the remaining difference.

7

8   SECTION 78. Arkansas Code � 6-82-2206(a), concerning scholarships

9 under the Arkansas Teacher Academy Scholarship Program, is amended to read as

10 follows:

11  (a)(1) An Effective beginning the 2025-2026 academic year, an eligible

12 postsecondary institution shall provide to each academy attendee who is

13 accepted and enrolled in its Arkansas Teacher Academy program an annual

14 scholarship, not to exceed the maximum award as determined by the Division of

15 Higher Education each eligible semester, up to the actual cost of the:

16                    (A) Eligible postsecondary institution's tuition and fees

17 for a maximum of:

18                    (i) Two (2) academic years, or four (4) academic

19 semesters, not to exceed sixty (60) academic hours, or completion of the

20 program for an academy attendee who is a graduate student enrolled in the

21 Arkansas Teacher Academy at the eligible postsecondary institution;

22                    (ii) Four (4) academic years, or eight (8) academic

23 semesters, not to exceed one hundred twenty (120) academic hours, or

24 completion of the program for an undergraduate student enrolled in the

25 Arkansas Teacher Academy at the eligible postsecondary institution; and

26                    (iii)(a) Two (2) academic years, or four (4)

27 academic semesters, not to exceed sixty (60) academic hours, or completion of

28 the program for a community college student enrolled in the Arkansas Teacher

29 Academy at the eligible postsecondary institution.

30                    (b) A student who qualifies under subdivision

31 (a)(1)(A)(iii)(a) of this section shall receive continued eligibility for two

32 (2) additional academic years or four (4) additional academic semesters at a

33 postsecondary institution that is an undergraduate institution; and

34                    (B) Obtainment of a teaching license issued by the State

35 Board of Education, including without limitation the actual cost of one (1)

36 exam required for obtaining a teaching license issued by the state board.

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1   (2) A scholarship distributed to an academy attendee under

2 subdivision (a)(1) of this section shall be distributed only after all other

3 financial gifts, financial aid, and grants have been received by an academy

4 attendee enrolled in an Arkansas Teacher Academy at an eligible postsecondary

5 institution in accordance with the division's scholarship stacking policy

6 under � 6-80-105.

7   (3) In compliance with the division's scholarship stacking

8 policy, a student's total financial aid package, which can include multiple

9 scholarships, shall not exceed the recognized cost of attendance at a state-

10 supported institution of higher education.

11

12  SECTION 79. Arkansas Code Title 6, Chapter 82 is amended to add

13 additional subchapters to read as follows:

14  Subchapter 25 -- Arkansas Heroes Scholarship Act

15

16  6-82-2501. Title.

17  This subchapter shall be known and may be cited as the "Arkansas Heroes

18 Scholarship Act".

19

20  6-82-2502. Purpose.

21  The purpose of this subchapter is to create a scholarship to be known

22 as the "Arkansas Heroes Scholarship" that honors the heroic efforts of the

23 individuals who served as Arkansas's heroes and their families.

24

25  6-82-2503. Definitions.

26  (a) As used in this subchapter:

27  (1) "Arkansas hero" means:

28                    (A) One (1) of the following who suffers a fatal injury or

29 wound or becomes permanently and totally disabled as a result of injuries or

30 wounds that occurred in the performance of a hazardous duty within the scope

31 of his or her employment or that occurred en route to or returning from a

32 location where a hazardous situation existed:

33                    (i) A law enforcement officer;

34                    (ii) A firefighter;

35                    (iii) An emergency medical technician;

36                    (iv) A state highway employee;

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1                       (v) A state correction employee;

2                       (vi) A Division of Community Correction employee;

3                       (vii) A state parks employee; or

4                       (viii) A state forestry employee;

5                    (B) A disabled veteran;

6                    (C) A prisoner of war;

7                    (D) A recipient of a Medal of Honor or Purple Heart;

8                    (E) A person declared to be missing in action or killed in

9 action;

10                   (F) A person killed on ordnance delivery;

11                   (G) A teacher who suffers a fatal injury or wound or

12 becomes permanently and totally disabled as a result of injuries or wounds

13 that occurred due to an act of violence at a public school or open-enrollment

14 charter school in this state;

15            (2) "Child" means a natural child, an adopted child, or a

16 stepchild who is eligible to receive a scholarship under this subchapter;

17            (3) "Disabled veteran" means a person who has been awarded

18 either:

19                   (A) United States Armed Forces disability retirement

20 benefits; or

21                   (B) Special monthly compensation by the United States

22 Department of Veterans Affairs for service-connected, one hundred percent

23 (100%) total and permanent disability;

24            (4) "Division of Community Correction employee" means an

25 employee of the Division of Community Correction who suffers a fatal injury

26 or wound or becomes permanently and totally disabled because of an injury or

27 wound that occurred through contact with a parolee, probationer, or center

28 resident;

29            (5)(A) "Emergency medical services personnel" means an

30 individual licensed by the Department of Health at any level established by

31 the rules adopted by the State Board of Health under the Emergency Medical

32 Services Act, � 20-13-201 et seq., and authorized to perform the services

33 under the rules.

34                   (B) "Emergency medical services personnel" includes

35 without limitation:

36                      (i) An emergency medical technician;

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1                          (ii) An advanced emergency medical technician;

2                          (iii) A paramedic;

3                          (iv) An emergency medical services instructor; and

4                          (v) An emergency medical services instructor

5 trainer;

6           (6) "Firefighter" means a firefighter employed on a full-time or

7 volunteer status while actually engaged in the performance of his or her

8 duties;

9           (7) "Law enforcement officer" means a:

10                    (A) Constable, including without limitation all elected

11 constables of any beat of any county within the state while actually engaged

12 in the performance of his or her duties concerning the criminal laws of the

13 county and state;

14                    (B) Game warden, including without limitation all

15 appointed game wardens employed by the state on a full-time status while

16 actually engaged in his or her duties concerning the game laws of this state;

17                    (C)(i) Municipal and a state-supported institution of

18 higher education police officer, including without limitation all law

19 enforcement officers of any municipality or state-supported institution of

20 higher education who are regular duty personnel on full-time status.

21                         (ii) Municipal and a state-supported institution of

22 higher education police officer does not include auxiliary officers or those

23 serving on a temporary or part-time status;

24                    (D)(i) Sheriff or deputy sheriff, including without

25 limitation all law enforcement officers on full-time status on a regular

26 basis serving the sheriff's department of any county.

27                         (ii) Sheriff or deputy sheriff does not include a

28 deputy sheriff who is:

29                         (a) Engaged in administrative or civil duty;

30 or

31                         (b) Serving in a temporary capacity or part-

32 time status;

33                    (E) State highway patrolman, including without limitation

34 any law enforcement officer, regardless of department or bureau, of the

35 Division of Arkansas State Police; and

36                    (F) Any other person employed by the State of Arkansas or

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1 a political subdivision of the State of Arkansas as an appointed law

2 enforcement officer who is responsible for the prevention and detection of

3 crime and the enforcement of the criminal, traffic, or highway laws of this

4 state;

5             (8) "Ordnance delivery" means the piloting of or flying in an

6 experimental or test aircraft while determining its fitness or ability to

7 perform its military function or mission;

8             (9)(A) "Prisoner of war", "person missing in action", "person

9 killed in action", and "person killed on ordnance delivery" mean a person

10 who:

11                          (i) Was a legal resident of the State of Arkansas at

12 the time that person entered the service of the United States Armed Forces or

13 whose official residence is within the State of Arkansas; and

14                          (ii) Who, while serving in the United States Armed

15 Forces, has been declared to be a prisoner of war, a person missing in

16 action, a person killed in action as established by the United States

17 Secretary of Defense after January 1, 1960, or a person killed on ordnance

18 delivery.

19                (B) "Prisoner of war", "person missing in action", "person

20 killed in action", and "person killed on ordnance delivery" apply whether or

21 not capture or death occurred during a declared war or as a result of hostile

22 action.

23                (C) A death as a result of injuries received while serving

24 in the United States Armed Forces or Arkansas National Guard is only covered

25 by this subdivision (a)(9) if the death occurred while on active duty or

26 state active duty;

27            (10) "State correction employee" means an employee of the

28 Division of Correction or the Arkansas Correctional School District who

29 becomes subject to injury through contact with an inmate or parolee of the

30 Division of Correction;

31            (11) "State forestry employee" means an employee of the Arkansas

32 Forestry Commission who is actively engaged in his or her duties of fighting

33 forest fires;

34            (12) "State highway employee" means an employee of the Arkansas

35 Department of Transportation who actively engages in highway maintenance,

36 construction, or traffic operations on the roadways and bridges of the state

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1 highway system while the roadways and bridges are open for use by the

2 traveling public;

3               (13) "State parks employee" means an employee of the Department

4 of Parks, Heritage, and Tourism who is a commissioned law enforcement officer

5 or emergency response employee while actively engaged in the performance of

6 his or her duties;

7               (14) "Teacher" means a person employed by a public school

8 district for the purpose of providing direct instruction to students and

9 whose employment requires state certification; and

10              (15) "United States Armed Forces dependent" means a spouse, a

11 child born to or conceived by, an adopted child, a child under legal

12 guardianship, or a stepchild of a:

13                    (A) Disabled veteran;

14                    (B) Prisoner of war; or

15                    (C) Person declared to be:

16                       (i) Missing in action;

17                       (ii) Killed in action; or

18                       (iii) Killed on ordnance delivery.

19

20  6-82-2504. Rules.

21  The Division of Higher Education may promulgate rules to implement this

22 subchapter.

23

24  6-82-2505. Eligibility for Arkansas Heroes Scholarship.

25  (a) Eligibility for the Arkansas Heroes Scholarship requires one (1)

26 of the following:

27              (1) The student has been a legal Arkansas resident for at least

28 one (1) year before submitting a scholarship application;

29              (2) The student was born before the date of the death or

30 disability of the Arkansas hero; or

31              (3) The Arkansas hero or the spouse of the Arkansas hero was

32 pregnant with the student at the time of the death or disability of the

33 Arkansas hero.

34  (b) In order for an adopted child to be eligible to receive a

35 scholarship benefit:

36              (1) The adopted child is required to have been adopted before

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1 the date of the death or disability of the Arkansas hero; or

2             (2) The adopted child's adoption process is required to have

3 begun before the date of the death or disability of the Arkansas hero.

4         (c) In order for a stepchild under nineteen (19) years of age to be

5 eligible to receive a scholarship benefit, the stepchild under nineteen (19)

6 years of age shall have:

7             (1) Been listed as a dependent on the federal and state income

8 tax returns of the Arkansas hero in each of the five (5) income years

9 immediately before the date of the death or disability of the Arkansas hero;

10 and

11            (2) Received more than one-half (1/2) of his or her financial

12 support from the Arkansas hero in each of the five (5) income years

13 immediately before the date of the death or disability of the Arkansas hero.

14        (d) In order for a stepchild who is nineteen (19) years of age or

15 older to be eligible to receive a scholarship benefit, the stepchild who is

16 nineteen (19) years or older shall have:

17            (1) Been listed as a dependent on the federal and state income

18 tax returns of the Arkansas hero in at least five (5) of the eight (8) income

19 years immediately before the date of the death or disability of the Arkansas

20 hero; and

21            (2) Received more than one-half (1/2) of his or her financial

22 support from the Arkansas hero in at least five (5) of the eight (8) income

23 years immediately before the date of the death or disability of the Arkansas

24 hero.

25        (e) If a covered public employee, as defined in � 21-5-701, or his or

26 her heirs did not file for the available death or disability benefit but were

27 otherwise eligible to receive the death or disability benefit within the time

28 frame provided in � 21-5-703, then the covered public employee's child or

29 children who would have otherwise been eligible to receive the provided

30 educational scholarship benefit under this section may individually file

31 before his or her twenty-first birthday a claim to receive the provided

32 educational scholarship benefit if:

33            (1) The student is considered a United States Armed Forces

34 dependent as provided in � 6-82-2503; or

35            (2) The student is a dependent of an Arkansas hero who suffered

36 fatal injuries or wounds or becomes disabled as a result of injuries or

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1 wounds that occurred in the performance of a hazardous duty within the scope

2 of his or her employment or that occurred en route to or returning from a

3 location where a hazardous situation existed.

4   (f) Scholarship benefits may not accrue under this subchapter to a

5 person if the wound or injury suffered by an Arkansas hero is self-inflicted

6 or if the death of an Arkansas hero is self-inflicted.

7   (g) Unless subsection (e) of this section is applicable, the Arkansas

8 State Claims Commission shall award any scholarship benefit provided by this

9 subchapter at the same time that any death benefit or disability benefit is

10 awarded by the commission under the provisions of � 21-5-701 et seq.

11

12  6-82-2506. Eligibility restrictions.

13  (a) A child shall not be entitled to receive benefits under this

14 subchapter during any semester or quarter when the child has reached twenty-

15 six (26) years of age on or before the first day of the semester or quarter.

16  (b)(1) A spouse shall not be eligible to receive benefits under this

17 subchapter if he or she remarries.

18            (2) The benefits under this subchapter shall cease at the end of

19 the semester in which the spouse is currently enrolled at the time of the

20 marriage.

21

22  6-82-2507. Applications.

23  (a) An eligible student shall apply to the Division of Higher

24 Education for benefits under this subchapter.

25  (b) A United States Armed Forces dependent shall:

26            (1) Apply for the Survivors' and Dependents' Educational

27 Assistance program, 38 U.S.C. � 3500 et seq., as it existed on January 1,

28 2025, with the United States Department of Veterans Affairs; and

29            (2) Provide the division with proof of:

30            (A) Acceptance into the Survivors' and Dependents'

31 Educational Assistance program; or

32            (B) Noneligibility for the Survivors' and Dependents'

33 Educational Assistance program following application.

34  (c) Except as provided under subsection (d) of this section, a

35 dependent of an Arkansas hero, upon his or her being accepted for enrollment

36 into any private, nonprofit institution of higher education in the State of

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1 Arkansas or a state-supported institution of higher education in the State of

2 Arkansas, may obtain his or her first bachelor's degree for so long as he or

3 she is eligible with state assistance for tuition, fees, or other charges as

4 provided under this subsection.

5   (d)(1) The state assistance under this subchapter is limited to the

6 tuition, fees, or other charges that exceed the amount of monetary benefits

7 the dependent is eligible to receive from the Survivors' and Dependents'

8 Educational Assistance program during the months included in each semester in

9 which the dependent is enrolled.

10  (2) If the dependent is not eligible for monetary benefits from

11 the Survivors' and Dependents' Educational Assistance program but is eligible

12 for the benefits under this subchapter, the dependent may obtain a bachelor's

13 degree free of tuition, fees, or other charges from a private, nonprofit

14 institution of higher education in this state or a state-supported

15 institution of higher education in this state.

16  (3) However, the state assistance awarded to a dependent

17 attending a private, nonprofit institution of higher education in this state

18 shall not exceed the maximum amount of state assistance awarded to dependents

19 attending a state-supported institution of higher education in this state.

20  (e) Once a person qualifies as a dependent under this subchapter,

21 there shall be no situation such as the return of the parent or the reported

22 death of the parent that will remove the dependent from the provisions or

23 benefits of this subchapter.

24  (f) An eligible recipient shall receive a scholarship for one (1)

25 academic year, renewable for up to three (3) additional academic years if the

26 recipient meets continuing eligibility criteria established by the division.

27  (g) In compliance with the division's scholarship stacking policy, a

28 student's total financial aid package, which can include multiple

29 scholarships, shall not exceed the recognized cost of attendance at a state-

30 supported institution of higher education.

31  (h) In the event the number of students who qualify for a scholarship

32 under this subchapter during an academic year exceeds the amount of funds

33 appropriated to the Higher Education Grants Fund Account for purposes of

34 funding students who qualify for scholarship under this subchapter during the

35 given academic year, the excess awards that qualify for distribution under

36 this subchapter shall be funded with any net proceeds from the state lottery

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1 remaining after the division allocates sufficient funding to award the

2 following scholarships at levels equivalent to the awards made in the

3 previous academic year:

4      (1) Arkansas Academic Challenge Scholarship, � 6-85-201 et seq.;

5 and

6      (2) Arkansas Workforce Challenge Scholarship, � 6-85-301 et seq.

7

8      6-82-2508. Scholarship funding and continued eligibility.

9      (a) The state assistance under this subchapter is limited to the

10 tuition, fees, and other expenses required for the first bachelor's degree

11 earned by the dependent.

12     (b)(1) An eligible dependent shall be entitled to a total of eight (8)

13 semesters, or the equivalent thereof, of scholarship awards without cost,

14 exclusive of books, food, school supplies, materials, and dues or fees for

15 extracurricular activities, at any state-supported institution of higher

16 education or technical institute of his or her choice within this state.

17     (2) The eligible dependent may take up to four (4) semesters, or

18 the equivalent thereof, at a technical institute.

19     (c) To retain eligibility for a scholarship benefit under this

20 subchapter, a recipient shall:

21     (1) Maintain a minimum of a 2.0 grade point average on a 4.0

22 scholastic grading scale; and

23     (2) Meet any other continuing eligibility criteria established

24 by the Division of Higher Education.

25     (d) If a recipient fails to meet eligibility criteria, he or she may

26 apply for state assistance under this subchapter a maximum of one (1)

27 additional time once eligibility is reestablished.

28

29  Subchapter 26 -- Governor's Higher Education Transition Scholarship Program

30

31     6-82-2601. Title.

32     This subchapter shall be known and may be cited as the "Governor's

33 Higher Education Transition Scholarship Program".

34

35     6-82-2602. Definitions.

36     As used in this subchapter:

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1               (1) "Eligible student" means an Arkansas student with a

2 disability admitted to a qualifying program at a state-supported institution

3 of higher education;

4               (2) "Inclusive Higher Education Accreditation Council" means the

5 independent, nonprofit accreditation agency for postsecondary programs for

6 students with an intellectual disability; and

7               (3) "Qualifying program" means a postsecondary education program

8 for a student with an intellectual disability that is accredited by the

9 Inclusive Higher Education Accreditation Council.

10

11         6-82-2603. Creation -- Eligibility.

12         (a) There is established the Governor's Higher Education Transition

13 Scholarship Program within the Division of Higher Education.

14         (b) An eligible student who receives a Governor's Higher Education

15 Transition Scholarship shall maintain eligibility for up to eight (8)

16 continuous semesters or until credentialing is obtained, whichever occurs

17 first.

18

19         6-82-2604. Scholarship awards.

20         (a) Scholarship awards under this subchapter are contingent upon

21 availability of funds.

22         (b)(1) Scholarship awards shall not exceed the institutional cost of

23 attendance.

24              (2) The maximum award amount per qualifying semester that a

25 student may receive is two thousand five hundred dollars ($2,500).

26              (3) A scholarship award may be applied to tuition, mandatory

27 fees, programmatic fees, room and board, supplies, and extended support

28 services.

29

30         6-82-2605. Rules.

31         The Division of Higher Education may promulgate rules to govern

32 administration of the Governor's Higher Education Transition Scholarship

33 Program, including without limitation application forms and deadlines.

34

35         SECTION 80. Arkansas Code � 6-85-207 is amended to read as follows:

36         6-85-207. Additional eligibility requirements for traditional students.

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1       In addition to the basic eligibility requirements of � 6-85-206, an

2 applicant is eligible as a traditional student if the applicant either:

3       (1)(A) Graduated from an Arkansas public high school and has a

4 minimum superscore of nineteen (19) on the ACT or the equivalent score on an

5 ACT equivalent; or

6                   (B) Upon graduation from high school:

7                      (i) Achieved a minimum grade point average of 3.0

8 during high school;

9                      (ii) Completed at least one (1) college readiness

10 assessment; and

11                     (iii)(a) Achieved a diploma of merit as defined in

12 rules promulgated by the State Board of Education.

13                            (b) Proof of attainment of the diploma of

14 merit under subdivision (1)(B)(iii)(a) of this section shall be submitted

15 with the student's scholarship application; or

16      (2)(A) Has a disability identified under the Individuals with

17 Disabilities Education Act, 20 U.S.C. � 1400 et seq., as it existed on July

18 1, 2009, and graduated from an Arkansas public high school, and either: meets

19 the requirements defined in subdivision (1) of this section.

20                  (A) Had a minimum composite score of nineteen (19) on the

21 ACT or the equivalent score on an ACT equivalent; or

22                  (B) Scored proficient or higher on all state-mandated end-

23 of-course assessments, including without limitation end-of-course assessments

24 on:

25                     (i) Algebra I;

26                     (ii) Geometry;

27                     (iii) Biology; and

28                     (iv) Literacy;

29      (3) Achieved a minimum superscore of nineteen (19) on the ACT or

30 the equivalent score on an ACT equivalent and:

31                  (B) A student shall also meet one (1) of the following

32 eligibility requirements:

33                  (A) Graduated (i) Graduate from a private high school, an

34 out-of-state high school, or a home school high school; or

35                  (B)(ii) In the year in which the student would have been a

36 junior or senior in high school, completed the requirements for high school

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1 graduation and obtained a high school equivalency diploma approved by the

2 Adult Education Section instead of receiving a diploma; or

3            (4)(iii) Meets one (1) of the following criteria:

4            (A)(a) Was enrolled at an institution of higher education

5 in the immediately preceding academic year as a full-time, first-time

6 freshman;

7            (B)(b) Did not receive a scholarship under this subchapter

8 as a full-time, first-time freshman;

9            (C)(c) Successfully completed with the equivalent of a

10 minimum letter grade of "D" at least twenty-seven (27) semester hours of

11 courses as a full-time, first-time freshman; and or

12           (D)(d) Achieved a postsecondary grade point average of at

13 least 2.5 on a 4.0 scale as a full-time, first-time freshman.

14

15      SECTION 81. Arkansas Code � 6-85-212(d)(1)(A), concerning scholarship

16 award amounts under the Arkansas Academic Challenge Scholarship Program, is

17 amended to read as follows:

18      (d)(1)(A) Subject to the availability of net revenue, the scholarship

19 award amount under this subchapter for an academic year for a full-time

20 recipient enrolled in a four-year approved institution of higher education

21 is:

22           (i) One Two thousand dollars ($1,000) ($2,000) for a

23 recipient who has earned less than twenty-seven (27) semester credit hours;

24           (ii) Four thousand dollars ($4,000) for a recipient

25 who has earned at least twenty-seven (27) semester credit hours but less than

26 fifty-seven (57) semester credit hours;

27           (iii) Four thousand dollars ($4,000) for a recipient

28 who has earned at least fifty-seven (57) semester credit hours but less than

29 eighty-seven (87) semester credit hours; and

30           (iv)(a) Five thousand dollars ($5,000) for a

31 recipient who has earned at least eighty-seven (87) semester credit hours but

32 no more than one hundred twenty (120) semester credit hours unless the

33 recipient is enrolled in a baccalaureate degree program that requires more

34 than one hundred twenty (120) semester credit hours, but not more than one

35 hundred thirty (130) semester credit hours, as provided under � 6-61-232,

36 then up to the number of credit hours required to complete the baccalaureate

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1 program.

2           (b) A recipient shall receive no more than one

3 (1) year of the scholarship provided under subdivision (d)(1)(A)(iv)(a) of

4 this section unless the recipient is enrolled in a baccalaureate degree

5 program that requires more than one hundred twenty (120) semester credit

6 hours as provided under � 6-61-232.

7           (c)(1) A recipient who is eligible to receive

8 the scholarship under subdivision (d)(1)(A)(iv)(a) of this section may

9 receive the scholarship while enrolled in a semester as a part-time student.

10                                     (2) The scholarship amount for the

11 semester in which a recipient is enrolled as a part-time student under

12 subdivision (d)(1)(A)(iv)(c)(1) of this section shall may be prorated by the

13 number of credit hours in which the recipient is enrolled.

14

15  SECTION 82. Arkansas Code � 6-85-212(d)(1)(C), concerning the

16 authorization for an applicant to elect for earned semester credit hours to

17 be only those earned after graduating from high school or obtaining a high

18 school equivalency diploma, is repealed.

19          (C)(i) An applicant may elect for the earned semester

20 credit hours under subdivision (d)(1)(A) of this section to be only those

21 semester credit hours earned after graduating from high school or obtaining a

22 high school equivalency diploma approved by the Adult Education Section.

23          (ii) If an applicant makes the election under

24 subdivision (d)(1)(C)(i) of this section, any semester credit hours earned

25 through concurrent credit or any other method before graduating high school

26 or obtaining a high school equivalency diploma approved by the Adult

27 Education Section shall not be counted as earned semester credit hours for

28 the purposes of determining a recipient's scholarship award amount under

29 subdivision (d)(1)(A) of this section.

30

31  SECTION 83. Arkansas Code � 6-85-212(d)(3), concerning scholarship

32 award amounts for certain institutions of higher education under the Arkansas

33 Challenge Scholarship Program, is amended to read as follows:

34          (3) Subject to the availability of net revenue, the scholarship

35 award for an academic year for a full-time student enrolled in one (1) of the

36 following institutions of higher education is one two thousand dollars

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1 ($1,000) ($2,000) for the first year and three thousand dollars ($3,000) for

2 the second year:

3                   (A) A two-year approved institution of higher education;

4                   (B) A branch campus of a four-year approved institution of

5 higher education; or

6                   (C) An approved school of nursing.

7

8          SECTION 84. Arkansas Code � 6-85-302 is amended to read as follows:

9          6-85-302. Definitions.

10         As used in this subchapter:

11           (1) "Academic year" means a measure of the academic work to be

12 accomplished by a student through the fall, spring, and summer semesters, or

13 the equivalent of the fall, spring, and summer semesters, in that order;

14           (2) "Approved institution of higher education" means an

15 institution of higher education approved by the Division of Higher Education

16 to participate in the Arkansas Workforce Challenge Scholarship Program and

17 that is:

18                  (A) A state-supported two-year or four-year college or

19 university institution of higher education; or

20                  (B) A private, nonprofit two-year or four-year college or

21 university with its primary headquarters located in Arkansas that is eligible

22 to receive Title IV federal student aid funds; or

23                  (C) A public or private vocational-technical school that

24 is:

25                      (i) Included on the Workforce Innovation and

26 Opportunity Act eligible training provider list;

27                      (ii) Qualified to receive approval for veterans'

28 education benefits from the United States Department of Veterans Affairs; or

29                      (iii) Included on the State Board of Private Career

30 Education list; and

31           (2)(A)(3)(A) "Certificate program" means a program that is

32 offered or made available to a student by an approved institution of higher

33 education that leads to the obtainment of a certification or license,

34 including without limitation a program operated or sponsored by a third

35 party.

36                  (B) "Certificate program" is determined by the division

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1 and includes without limitation the following:

2             (i) Advanced manufacturing;

3             (ii) Health care;

4             (iii) Information technology;

5             (iv) Construction trades; or

6             (v) Logistics and distribution.

7             (C) The credit hours or contact hours awarded for a

8 certificate program may include credit hours or contact hours that are not

9 creditable toward an associate or a baccalaureate degree.

10

11       SECTION 85. Arkansas Code � 6-85-304(a), concerning student

12 eligibility under the Arkansas Workforce Challenge Scholarship Program, is

13 amended to read as follows:

14       (a) A student is eligible to receive an Arkansas Workforce Challenge

15 Scholarship for an academic year if the student applies to the Division of

16 Higher Education an approved institution of higher education by a date

17 determined by the Division of Higher Education preceding the academic year

18 and:

19            (1) Is an a legal Arkansas resident or, if the student is less

20 than twenty-one (21) years of age, either the student or one (1) parent of

21 the student is an a legal Arkansas resident;

22            (2) Meets either of the following requirements:

23            (A) Graduated from a:

24            (i) Public high school in Arkansas or another state;

25            (ii) Private high school in Arkansas or another

26 state; or

27            (iii) Home school under � 6-15-501 et seq. or

28 recognized by another state; or

29            (B) Received a high school equivalency diploma approved by

30 the Adult Education Section or another state;

31            (3) Is not receiving a scholarship under the Arkansas Academic

32 Challenge Scholarship Program, � 6-85-201 et seq.; and

33            (4) Is accepted for admission in a program of study at an

34 approved institution of higher education that leads to an associate degree or

35 a certificate program in one (1) of the following high-demand fields:

36 described in � 6-85-302.

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1           (A) Industry;

2           (B) Health care; and

3           (C) Information technology; and

4           (5)(A) Whose program of study or certificate program will result

5 in the student's being qualified to work in an occupation identified by the

6 Division of Workforce Services under subdivision (a)(5)(B)(i) of this

7 section.

8           (B)(i) The Division of Workforce Services shall provide

9 annually to the Division of Higher Education by March 1 a list that

10 identifies the five (5) most in-demand occupations in this state in each

11 high-demand field under subdivision (a)(4) of this section that require the

12 completion of a program of study that leads to an associate degree or a

13 certificate program.

14                       (ii) The Division of Workforce Services shall publish

15 on its website the list under subdivision (a)(5)(B)(i) of this section and

16 data supporting the list.

17

18         SECTION 86. Arkansas Code � 6-85-305 is amended to read as follows:

19         6-85-305. Distribution -- Award amounts.

20         (a)(1) If funds are available, the Division of Higher Education shall

21 distribute Arkansas Workforce Challenge Scholarships to all students who meet

22 the requirements under � 6-85-304 6-85-302(2).

23          (2) Up to five million dollars ($5,000,000) shall be allocated

24 for students eligible under � 6-85-302(2)(C).

25         (b)(1) The division shall distribute scholarships from the funds

26 available in an equal amount to every student eligible to receive a

27 scholarship under this subchapter.

28          (2) Except as provided in subsection (c) of this section, the

29 The maximum scholarship award a student may receive in an academic year shall

30 be the lesser of: program costs or three thousand dollars ($3,000).

31          (A) Eight hundred dollars ($800); or

32          (B)(i) The cost of the certificate program or program of

33 study.

34                       (ii) The cost of a certificate program or program of

35 study shall include:

36                            (a) Tuition, fees, or other charges;

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1                     (b) Textbooks or other course materials; and

2                     (c) Equipment needed for a course.

3   (3)(2) The scholarship awards may be used for expenses included

4 in the cost of the certificate program or program of study.

5   (4)(3) A scholarship under this section shall be only for the

6 academic year for which it is awarded.

7   (4)(A) The division shall collaborate with the Office of Skills

8 Development to establish the criteria to be used to determine the eligibility

9 of students under � 6-85-302(1)(C), which shall be included in rules

10 promulgated by the Arkansas Higher Education Coordinating Board.

11                    (B) The office shall:

12                    (i) Use the criteria established under subdivision

13 (b)(4)(A) of this section to determine the eligibility of students under � 6-

14 85-302(1)(C); and

15                    (ii) Provide the necessary information regarding

16 eligible students to the division to enable the division to distribute

17 scholarship awards on behalf of an eligible student directly to the approved

18 institution of higher education.

19  (c)(1) If the division has funds remaining after making the

20 distributions under subsection (b) of this section, the division shall

21 distribute scholarships to students for the summer term of the academic year.

22  (2) If funds are available under subdivision (c)(1) of this

23 section, a student shall apply for a scholarship for a summer term by a date

24 determined by the division preceding the summer term.

25  (3)(A) The division shall distribute scholarships for a summer

26 term in the same manner as under subsection (b) of this section.

27                    (B) Scholarships for a summer term may be used in the same

28 manner as under subsection (b) of this section.

29  (4) A student who received a scholarship under subsection (b) of

30 this section may also receive a scholarship for a summer term.

31  (d)(c) The division shall disburse all scholarship awards on behalf of

32 an eligible student directly to the approved institution of higher education.

33

34  SECTION 87. Arkansas Code Title 6, Chapter 85, Subchapter 3, is

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

36  6-85-308. Reporting requirements.

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1       (a) An approved institution of higher education accepting funds under

2 this subchapter shall submit an annual report to the Division of Higher

3 Education that includes without limitation the following:

4             (1) Individual student program completer information as defined

5 by the division; and

6             (2) Student information required to be provided to the division

7 under � 6-85-216.

8       (b) An approved institution of higher education accepting funds under

9 this subchapter shall submit an annual report to the Office of Skills

10 Development that includes without limitation the following:

11            (1) Individual student program completer information as defined

12 by the division; and

13            (2) Student information required to be provided to the division

14 under � 6-85-216.

15

16      SECTION 88. Arkansas Code Title 6, Chapter 85, Subchapter 4 is

17 repealed.

18      Subchapter 4 -- Arkansas Concurrent Challenge Scholarship Program

19

20      6-85-401. Creation.

21      There is created the Arkansas Concurrent Challenge Scholarship Program.

22

23      6-85-402. Definitions.

24      As used in this subchapter:

25            (1) "Approved institution of higher education" means an

26 institution of higher education that:

27                    (A) Is approved by the Division of Higher Education to

28 participate in the Arkansas Concurrent Challenge Scholarship Program;

29                    (B) Offers at least a fifty-percent discount on the

30 tuition and mandatory fees of an endorsed concurrent enrollment course or

31 certificate program to a student who is enrolled in an endorsed concurrent

32 enrollment course or certificate program, unless other opportunities are

33 provided that lower the tuition and mandatory fees below fifty percent (50%);

34 and

35                    (C) Is a:

36                       (i) State-supported two-year or four-year college or

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1 university; or

2                           (ii) Private, nonprofit two-year or four-year college

3 or university that has its primary headquarters located in Arkansas and that

4 is eligible to receive Title IV federal student aid funds;

5            (2)(A) "Certificate program" means a program that is offered or

6 made available to a student by an approved institution of higher education

7 that leads to the obtainment of a certification or license.

8                 (B) "Certificate program" does not include a program that

9 is operated or sponsored by a third party;

10           (3)(A) "Endorsed concurrent enrollment course" means the same as

11 defined in � 6-16-1202.

12                (B) "Endorsed concurrent enrollment course" does not

13 include a program that is operated or sponsored by a third party; and

14           (4) "Student" means a person in grade ten (10), grade eleven

15 (11), or grade twelve (12) who is enrolled at a:

16                (A) Public high school in Arkansas;

17                (B) Private high school in Arkansas; or

18                (C) Home school, as defined in � 6-15-501.

19

20  6-85-403. Eligibility.

21  (a) A student is eligible to receive an Arkansas Concurrent Challenge

22 Scholarship under this subchapter for an academic semester or academic year

23 during which the student is enrolled in an endorsed concurrent enrollment

24 course or certificate program if the student:

25           (1) Is an Arkansas resident or, if the student is less than

26 twenty-one (21) years of age, either the student or one (1) parent of the

27 student is an Arkansas resident; and

28           (2)(A) Submits a student success plan as described under � 6-15-

29 2911(b).

30                (B) The student success plan required under subdivision

31 (a)(2)(A) of this section for a student who is enrolled in an endorsed

32 concurrent enrollment course or certificate program shall:

33                          (i) Be prepared in consultation with:

34                          (a) School personnel, the student, and the

35 student's parent or legal guardian; or

36                          (b) A college advisor; and

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1                     (ii) Include:

2                       (a) An endorsed concurrent enrollment course

3 or certificate program that is relevant to the student's success plan; and

4                       (b) Measures that ensure the successful

5 completion of the endorsed concurrent enrollment course or certificate

6 program in which the student is enrolled.

7   (b)(1) A student successfully completes an endorsed concurrent

8 enrollment course or a course taken towards the completion of a certificate

9 program under this subchapter if he or she completes the course or program

10 and receives a minimum grade point average of 2.5.

11  (2)(A) A student who fails to successfully complete an endorsed

12 concurrent enrollment course or a course taken towards the completion of a

13 certificate program under this subchapter shall:

14                    (i) Retain eligibility for a scholarship under this

15 subchapter; and

16                    (ii) Enroll in no more than one (1) endorsed

17 concurrent enrollment course or course required for the completion of a

18 certificate program for the first semester following the semester in which

19 the student failed to successfully complete an endorsed concurrent enrollment

20 course or course taken towards the completion of a certificate program.

21                    (B) However, if a student fails an endorsed concurrent

22 enrollment course or a course taken towards the completion of a certificate

23 program under this subchapter a second time, the student shall be ineligible

24 to reapply for a scholarship under this subchapter.

25  (c) A student whose enrollment in a vocational center is reimbursable

26 under � 6-51-305 is not eligible for a scholarship under this subchapter.

27

28  6-85-404. Funding.

29  (a) For an academic year, Arkansas Concurrent Challenge Scholarships

30 under this subchapter shall be funded with any funds remaining after the

31 Division of Higher Education allocates sufficient funding to award Arkansas

32 Workforce Challenge Scholarships under � 6-85-301 et seq., at a level

33 equivalent to the awards made in the previous academic year.

34  (b)(1) A scholarship under this subchapter shall not be awarded for an

35 academic year if:

36                    (A) Less than two hundred fifty thousand dollars

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1 ($250,000) is available under subsection (a) of this section; or

2                    (B) The division received a loan from the Scholarship

3 Shortfall Reserve Trust Account under � 23-115-802 for the Arkansas Academic

4 Challenge Scholarship Program, � 6-85-201 et seq., for the previous academic

5 year.

6        (2) Any funds under subsection (a) of this section that are not

7 disbursed for scholarships under this subchapter shall be carried over to the

8 next academic year to be used for scholarships under this subchapter.

9

10       6-85-405. Distribution -- Award amounts.

11       (a) If funds are available, the Division of Higher Education shall

12 award Arkansas Concurrent Challenge Scholarships to all students who meet the

13 requirements under this subchapter.

14       (b)(1) The division shall distribute scholarships from the funds

15 available in an equal amount to every approved institution of higher

16 education that has enrolled a student eligible to receive a scholarship under

17 this subchapter.

18       (2) The maximum scholarship award a student may receive in an

19 academic year shall be the lesser of:

20                   (A)(i) Five hundred dollars ($500).

21                   (ii) A scholarship awarded to a student who is

22 eligible under � 6-85-403 shall be awarded in the amount of one hundred

23 twenty-five dollars ($125) for each endorsed concurrent enrollment credit

24 course or certificate program in which the eligible student is enrolled, up

25 to two (2) endorsed concurrent enrollment credit courses or certificate

26 programs per semester; or

27                   (B) The tuition and mandatory fees of the endorsed

28 concurrent credit course or certificate program.

29       (3) A scholarship granted under this section may be awarded in

30 addition to any funds received for the enrollment in an endorsed concurrent

31 enrollment course under � 6-16-1204(e)(3).

32       (4) Unless a student's high school or community-based program

33 provides financial assistance for the cost of tuition and mandatory fees for

34 an endorsed concurrent enrollment course or certificate program, the

35 remaining cost of tuition and mandatory fees for an endorsed concurrent

36 enrollment course or certificate program is the responsibility of the

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1 eligible student who is enrolled in the endorsed concurrent enrollment course

2 or certificate program.

3

4   6-85-406. Rules.

5   The Division of Higher Education shall promulgate rules to implement

6 this subchapter.

7

8   SECTION 89. Arkansas Code � 6-85-502(b)(5), concerning the amount of

9 net proceeds to fund scholarships under the Arkansas Concurrent Challenge

10 Scholarship Program used for the lottery fiscal impact statement, is amended

11 to read as follows:

12  (5) The amount of net proceeds that was necessary to fund scholarships

13 under the Arkansas Concurrent Challenge Scholarship Program, � 6-85-401

14 ACCESS to Acceleration Scholarship Program, � 6-85-701 et seq., during each

15 of the last four (4) years immediately preceding the year in which the

16 proposed bill is being considered, listed separately;

17

18  SECTION 90. Arkansas Code � 6-85-502(b)(7)(C), concerning the

19 comparison of the year with the highest amount of net proceeds necessary to

20 fund scholarships under the Arkansas Concurrent Challenge Scholarship

21 Program, is amended to read as follows:

22                  (C) The year with the highest amount of net proceeds

23 necessary to fund scholarships under the Arkansas Concurrent Challenge

24 Scholarship Program, � 6-85-401 ACCESS to Acceleration Scholarship Program, �

25 6-85-701 et seq., as determined under subdivision (b)(5) of this section; and

26

27  SECTION 91. Arkansas Code Title 6, Chapter 85, is amended to add an

28 additional subchapter to read as follows:

29  Subchapter -- 7 ACCESS to Acceleration Scholarship Program

30

31  6-85-701 Creation.

32  There is created the ACCESS to Acceleration Scholarship Program.

33

34  6-85-702. Definitions.

35  As used in this subchapter:

36  (1) "Approved institution of higher education" means an

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1 institution of higher education that:

2              (A) Is approved by the Division of Higher Education to

3 participate in the ACCESS to Acceleration Scholarship Program; and

4              (B) Is a:

5                      (i) State-supported two-year or four-year

6 institution of higher education; or

7                      (ii) Private, nonprofit two-year or four-year

8 institution of higher education that has its primary headquarters located in

9 Arkansas and is eligible to receive Title IV federal student aid funds;

10             (2)(A) "Certificate program" means a program that is offered or

11 made available to a student by an approved institution of higher education

12 that leads to the obtainment of a certification or license.

13             (B) "Certificate program" does not include a program that

14 is operated or sponsored by a third party;

15             (3)(A) "Concurrent credit course" means a course as defined in �

16 6-16-1202.

17             (B) "Concurrent credit course" does not include a program

18 that is operated or sponsored by a third party; and

19             (4) "Eligible student" means a student enrolled in grade ten

20 (10), grade eleven (11), or grade twelve (12) at a public high school in

21 Arkansas.

22

23  6-85-703. Eligibility.

24  (a) A student is eligible to be awarded a scholarship under this

25 subchapter for an academic semester or academic year during which the student

26 is enrolled in a concurrent credit course if the student is eligible to

27 enroll in the concurrent credit course under � 6-16-1204(a)(5).

28  (b) Scholarship funds shall not be used for courses at a vocational

29 center that are reimbursable under � 6-51-305.

30  (c) A student is not eligible for a scholarship under this subchapter

31 if the student is enrolled in a concurrent credit course that may be funded

32 under � 6-18-2506.

33

34  6-85-704. Funding.

35  (a) For an academic year, the following shall be used to fund

36 scholarships under this subchapter:

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1         (1) Excess funding returned to the Office of the Arkansas

2 Lottery under � 6-85-212(d)(2)(B)(i) from the previous academic year; and

3         (2) Net proceeds remaining from the previous academic year after

4 the office transfers the funds requested by the Division of Higher Education

5 under � 23-115-801(c)(2).

6         (b)(1) A scholarship under this subchapter shall not be awarded for an

7 academic year if:

8                     (A) Less than two hundred fifty thousand dollars

9 ($250,000) is available under subsection (a) of this section; or

10                    (B) The division received a loan from the Scholarship

11 Shortfall Reserve Trust Account under � 23-115-802 for the Arkansas Academic

12 Challenge Scholarship Program, � 6-85-201 et seq., for the previous academic

13 year.

14        (2) Any funds under subsection (a) of this section that are not

15 disbursed for scholarships under this subchapter shall be carried over to the

16 next academic year to be used for scholarships under this subchapter.

17

18        6-85-705. Distribution -- Award Amounts.

19        (a) If funds are available, the Division of Higher Education shall

20 award an ACCESS to Acceleration Scholarship to all eligible students who meet

21 the requirements under this subchapter.

22        (b)(1) The division shall distribute scholarships from the funds

23 available in an equal amount to every approved institution of higher

24 education that has enrolled a student eligible to receive a scholarship under

25 this subchapter.

26        (2) A scholarship awarded to a student who is eligible under �

27 6-85-703 shall be awarded in the amount of sixty-five dollars ($65) per

28 concurrent credit course hour in which the eligible student is enrolled, for

29 a maximum of fifteen (15) concurrent credit course hours per semester.

30        (3) The maximum scholarship amount a student may be awarded in

31 an academic year, including summer semesters, shall not exceed two thousand

32 dollars ($2,000).

33        (c)(1) A state-supported two-year or four-year institution of higher

34 education may offer a reduced tuition rate for concurrent credit courses

35 offered by the state-supported institution of higher education to eligible

36 students under this subchapter.

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1              (2) The reduction in tuition under subdivision (c)(1) of this

2 section shall not be considered an institutional scholarship.

3

4   6-85-706. Rules.

5   The Division of Higher Education may promulgate rules to implement this

6 subchapter.

7

8   SECTION 92 Arkansas Code � 20-7-133(b)(2), concerning members

9 appointed by the Commissioner of Elementary and Secondary Education to the

10 Child Health Advisory Committee, is amended to read as follows:

11             (2) The Commissioner of Elementary and Secondary Education shall

12 appoint:

13                 (A) One (1) member to represent the Division of Elementary

14 and Secondary Education;

15                 (B) One (1) member to represent the Arkansas School

16 Nutrition Association Child Nutrition Unit;

17                 (C) One (1) member to represent the Arkansas School Nurses

18 Association public school nurse;

19                 (D) One (1) member to represent the Arkansas Association

20 of Educational Administrators public school administrator;

21                 (E) One (1) member to represent the Arkansas PTA of a

22 public school district parent-teacher association;

23                 (F) One (1) member to represent the Arkansas School Boards

24 Association of a public school district board of directors;

25                 (G) One (1) member to represent the Arkansas Association

26 of School Business Officials public school district finance employee; and

27                 (H) One (1) member to represent the Arkansas Association

28 for Supervision and Curriculum Development Two (2) public school licensed

29 educators; and

30                 (I) One (1) member who is a classroom teacher.

31

32  SECTION 93. Arkansas Code � 21-5-703(c), concerning the award of

33 scholarship benefits by the Arkansas State Claims Commssion during the claims

34 process for death benefits of public employees, is amended to read as

35 follows:

36  (c) Unless � 6-82-504(e) � 6-82-2505(e) is applicable, the commission

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1 shall award any scholarship benefit provided by the provisions of � 6-82-501

2 et seq. the Arkansas Heroes Scholarship Act, � 6-82-2501 et seq., at the same

3 time any death benefit or total and permanent disability benefit is awarded

4 under this subchapter.

5

6       SECTION 94. Arkansas Code � 21-5-705(a)(3)(B)(i), concerning the

7 maximum death benefit paid to a designated beneficiary or survivor of certain

8 public employees killed in the line of duty, is amended to read as follows:

9                         (i) A maximum of one hundred fifty thousand dollars

10 ($150,000) per individual death, including educational benefits provided in �

11 6-82-501 et seq. the Arkansas Heroes Scholarship Act, � 6-82-2501 et seq.;

12 and

13

14      SECTION 95. The introductory language of Arkansas Code � 23-115-

15 801(b)(1)(B)(i), concerning the establishment of the Lottery Scholarship

16 Trust Account by the Office of the Arkansas Lottery, is amended to read as

17 follows:

18           (B)(i) The office shall establish the Lottery Scholarship

19 Trust Account as required under subdivision (b)(1)(A) of this section to fund

20 the Arkansas Academic Challenge Scholarship Program, � 6-85-201 et seq., the

21 Arkansas Workforce Challenge Scholarship Program, � 6-85-301 et seq.,the

22 Arkansas Concurrent Challenge Scholarship Program, � 6-85-401 ACCESS to

23 Acceleration Scholarship Program, � 6-85-701 et seq., and

24 any other scholarship funded with net proceeds from the state lottery in a

25 financial institution into which the office shall transfer:

26

27      SECTION 96. Arkansas Code � 23-115-801(b)(1)(B)(ii) and (iii),

28 concerning funding of the Lottery Scholarship Trust Account by the Office of

29 the Arkansas Lottery, are amended to read as follows:

30                        (ii) The funds transferred by the office into the

31 Lottery Scholarship Trust Account for the Arkansas Academic Challenge

32 Scholarship Program, � 6-85-201 et seq., the Arkansas Workforce Challenge

33 Scholarship Program, � 6-85-301 et seq., the Arkansas Concurrent Challenge

34 Scholarship Program, � 6-85-401 ACCESS to Acceleration Scholarship Program, �

35 6-85-701 et seq., and any other scholarship funded with net proceeds from the

36 state lottery as established under subdivision (b)(1)(B)(i) of this section

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1 shall be used for:

2                     (a) Arkansas Workforce Challenge Scholarships;

3                     (b) Any management fees charged by the

4 financial institution to manage the trust account for scholarship award

5 supplements;

6                     (c) Arkansas Concurrent Challenge Scholarships

7 ACCESS to Acceleration Scholarships;

8                     (d) Arkansas Academic Challenge Scholarships;

9 and

10                    (e) Any other scholarship funded with net

11 proceeds from the state lottery.

12                    (iii) Annually, the office shall transfer to the

13 division the funds from the previous academic year, if any, that were

14 transferred by the office into the Lottery Scholarship Trust Account

15 established under subdivision (b)(1)(B)(i) of this section for distribution

16 of Arkansas Academic Challenge Scholarships, Arkansas Workforce Challenge

17 ACCESS to Acceleration Scholarships, Arkansas Concurrent Challenge

18 Scholarships, and any other scholarship funded with net proceeds from the

19 state lottery.

20

21     SECTION 97. Arkansas Code � 23-115-801(c)(1)(C), concerning the

22 scholarship programs that the Commissioner of the Division of Higher

23 Education is required to certify funding for, is amended to read as follows:.

24                 (C) The Arkansas Concurrent Challenge Scholarship Program,

25 � 6-85-401 et seq.; ACCESS to Acceleration Scholarship Program, � 6-85-701 et

26 seq.; and

27

28     SECTION 98. Arkansas Code � 23-115-801(c)(2)(D)(ii)(a), concerning the

29 distribution to recipients if funds remain after award of all scholarships

30 under the Arkansas Academic Challenge Program, is amended to read as follows:

31                    (ii)(a) If available funds remain after the award of

32 all scholarships under the Arkansas Academic Challenge Program, � 6-85-201 et

33 seq., then the available funds shall be distributed to recipients of

34 scholarships under the Arkansas Workforce Challenge Scholarship Program, � 6-

35 85-301 et seq., and the Arkansas Concurrent Challenge Scholarship Program, �

36 6-85-401 ACCESS to Acceleration Scholarship Program, � 6-85-701 et seq., on a

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1 pro rata basis as determined by the division.

2

3   SECTION 99. Arkansas Code � 23-115-802(c)(2) and (3), concerning the

4 process of using the Scholarship Shortfall Reserve Trust Account if net

5 proceeds are insufficient to meet scholarship funding, are amended to read as

6 follows:

7            (2) Except as provided in subdivision (c)(3)(B) of this section,

8 the Scholarship Shortfall Reserve Trust Account shall not be drawn upon to

9 fund Arkansas Workforce Challenge Scholarships under the Arkansas Workforce

10 Challenge Scholarship Program, � 6-85-301 et seq., Arkansas Concurrent

11 Challenge Scholarships under the Arkansas Concurrent Challenge Scholarship

12 Program, � 6-85-401 ACCESS to Acceleration Scholarship Program, � 6-85-701 et

13 seq., or any other scholarship funded with net proceeds from the state

14 lottery.

15           (3)(A) Determining the maximum amount of loans from the

16 Scholarship Shortfall Reserve Trust Account to the Arkansas Academic

17 Challenge Scholarship Program, � 6-85-201 et seq., the Arkansas Workforce

18 Challenge Scholarship Program, � 6-85-301 et seq., or the Arkansas Concurrent

19 Challenge Scholarship Program, � 6-85-401 ACCESS to Acceleration Scholarship

20 Program, � 6-85-701 et seq., is the prerogative of the General Assembly. This

21 is usually accomplished by the General Assembly's delineating such funding

22 allocations for the various scholarship programs, with the approval of the

23 Administrative Rules Subcommittee of the Legislative Council and through

24 oversight as required by law by the Lottery Oversight Subcommittee of the

25 Legislative Council. Further, the General Assembly determines that the

26 Division of Higher Education may operate more efficiently with some

27 flexibility, therefore it is both necessary and appropriate that the General

28 Assembly maintain oversight by requiring prior approval of the Legislative

29 Council or the Joint Budget Committee as provided by this section.

30           (B) If the division determines it is necessary to borrow

31 from the Scholarship Shortfall Reserve Trust Account to fund scholarships

32 under the Arkansas Academic Challenge Scholarship Program, � 6-85-201 et

33 seq., the Arkansas Workforce Challenge Scholarship Program, � 6-85-301 et

34 seq., or the Arkansas Concurrent Challenge Scholarship Program, � 6-85-401 et

35 ACCESS to Acceleration Scholarship Program, � 6-85-701 et seq., the division

36 shall first obtain review and approval from the Legislative Council or, if

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1 the General Assembly is in session, the Joint Budget Committee.

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3   SECTION 100. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of

4 this act or the application of this act to any person or circumstance is held

5 invalid, the invalidity shall not affect other provisions or applications of

6 this act that can be given effect without the invalid provision or

7 application, and to this end, the provisions of this act are declared

8 severable.

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10                                  /s/J. Dismang

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