(a) (1) The Division of Elementary and Secondary Education shall allocate annually to each participating student's account, from funds appropriated to the Arkansas Children's Educational Freedom Account Fund or otherwise made available for the Arkansas Children's Educational Freedom Account Program, an amount equal to ninety percent (90%) of the prior year's statewide foundation funding allotted per student under § 6-20-2305.(2) For the 2023-2024 school year and each school year thereafter, a student who participated in the Succeed Scholarship Program during the 2022-2023 school year shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until:(A) The participating student graduates from high school;(B) The participating student receives a certificate of completion; or(C) An event that requires an account to be closed under subdivision (e)(1) or (e)(2) of this section occurs.
(1) The Division of Elementary and Secondary Education shall allocate annually to each participating student's account, from funds appropriated to the Arkansas Children's Educational Freedom Account Fund or otherwise made available for the Arkansas Children's Educational Freedom Account Program, an amount equal to ninety percent (90%) of the prior year's statewide foundation funding allotted per student under § 6-20-2305.
(2) For the 2023-2024 school year and each school year thereafter, a student who participated in the Succeed Scholarship Program during the 2022-2023 school year shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until:(A) The participating student graduates from high school;(B) The participating student receives a certificate of completion; or(C) An event that requires an account to be closed under subdivision (e)(1) or (e)(2) of this section occurs.
(A) The participating student graduates from high school;
(B) The participating student receives a certificate of completion; or
(C) An event that requires an account to be closed under subdivision (e)(1) or (e)(2) of this section occurs.
(b) (1) On behalf of participating students enrolled in participating schools or with participating service providers and at the direction of a participating student's parent, the Department of Education shall make disbursements from the participating student's account to the participating school or participating service provider in which the participating student is enrolled for qualifying expenses.(2) The department may:(A) Contract with a vendor or provider to manage the payment system used for purposes of implementing this subsection; and(B) Withhold up to five percent (5%) of funds allocated for each account annually for the administration of the Arkansas Children's Educational Freedom Account Program.
(1) On behalf of participating students enrolled in participating schools or with participating service providers and at the direction of a participating student's parent, the Department of Education shall make disbursements from the participating student's account to the participating school or participating service provider in which the participating student is enrolled for qualifying expenses.
(2) The department may:(A) Contract with a vendor or provider to manage the payment system used for purposes of implementing this subsection; and(B) Withhold up to five percent (5%) of funds allocated for each account annually for the administration of the Arkansas Children's Educational Freedom Account Program.
(A) Contract with a vendor or provider to manage the payment system used for purposes of implementing this subsection; and
(B) Withhold up to five percent (5%) of funds allocated for each account annually for the administration of the Arkansas Children's Educational Freedom Account Program.
(c) Account funds shall:(1) (A) Not be refunded, rebated, or shared with a parent or participating student in any manner.(B) Any refund or rebate for goods or services purchased with account funds shall be credited directly to the participating student's account; and(2) Be used only for qualifying expenses for a participating student.
(1) (A) Not be refunded, rebated, or shared with a parent or participating student in any manner.(B) Any refund or rebate for goods or services purchased with account funds shall be credited directly to the participating student's account; and
(A) Not be refunded, rebated, or shared with a parent or participating student in any manner.
(B) Any refund or rebate for goods or services purchased with account funds shall be credited directly to the participating student's account; and
(2) Be used only for qualifying expenses for a participating student.
(d) (1) The department shall develop a system for parents to direct account funds to participating schools and participating service providers by electronic funds transfer, automated clearinghouse transfer, debit card, or another system.(2) The department may:(A) Contract with a vendor or provider, including without limitation a private institution, to manage the payment system used for purposes of implementing this subsection; and(B) Permit a vendor, pursuant to contract, to withhold up to two percent (2%) of funds allocated for each account annually for the administration of the Arkansas Children's Educational Freedom Account Program.(3) The department shall:(A) Not adopt a payment system under this subsection that relies exclusively on requiring parents to be reimbursed for out-of-pocket expenses; and(B) Ensure that a payment system developed under this subsection provides maximum flexibility to parents by facilitating direct payments to participating service providers and requests for reimbursements for qualifying expenses.
(1) The department shall develop a system for parents to direct account funds to participating schools and participating service providers by electronic funds transfer, automated clearinghouse transfer, debit card, or another system.
(2) The department may:(A) Contract with a vendor or provider, including without limitation a private institution, to manage the payment system used for purposes of implementing this subsection; and(B) Permit a vendor, pursuant to contract, to withhold up to two percent (2%) of funds allocated for each account annually for the administration of the Arkansas Children's Educational Freedom Account Program.
(A) Contract with a vendor or provider, including without limitation a private institution, to manage the payment system used for purposes of implementing this subsection; and
(B) Permit a vendor, pursuant to contract, to withhold up to two percent (2%) of funds allocated for each account annually for the administration of the Arkansas Children's Educational Freedom Account Program.
(3) The department shall:(A) Not adopt a payment system under this subsection that relies exclusively on requiring parents to be reimbursed for out-of-pocket expenses; and(B) Ensure that a payment system developed under this subsection provides maximum flexibility to parents by facilitating direct payments to participating service providers and requests for reimbursements for qualifying expenses.
(A) Not adopt a payment system under this subsection that relies exclusively on requiring parents to be reimbursed for out-of-pocket expenses; and
(B) Ensure that a payment system developed under this subsection provides maximum flexibility to parents by facilitating direct payments to participating service providers and requests for reimbursements for qualifying expenses.
(e) (1) (A) An account shall remain in force, and any unused funds shall roll over from quarter-to-quarter and from year-to-year, until one (1) or more of the following occurs:(i) A parent withdraws his or her participating student from the Arkansas Children's Educational Freedom Account Program;(ii) A participating student graduates from high school;(iii) The end of the school year if a participating student turns twenty-one (21) years of age during the school year;(iv) A participating student is expelled from a participating school; or(v) A participating student is otherwise rendered ineligible to participate in the Arkansas Children's Educational Freedom Account Program.(B) If a participating student's account is closed following the occurrence of an event under subdivision (e)(1)(A)(iv) or (e)(1)(A)(v) of this section, the participating student's parent may appeal the division's decision to close the participating student's account to the State Board of Education according to rules promulgated by the state board.(2) An account shall be closed before an event occurs under subdivision (e)(1) of this section if the state board finds:(A) Evidence of intentional misuse of account funds according to rules promulgated by the division; or(B) That a parent has failed to comply with this subchapter or state board rules governing the Arkansas Children's Educational Freedom Account Program.(3) (A) Any unused funds shall revert to the division and be allocated to fund other accounts.(B) The division may pursue the collection of account funds when evidence of intentional misuse of account funds according to rules promulgated by the division has been shown through all means permitted by law.(C) (i) There shall be a maximum amount of funds allowed to remain in each participating student's account.(ii) The state board may establish rules to determine the: (a) Maximum amount of funds allowed under subdivision (e)(3)(C)(i) of this section; and (b) Process by which account funds will be returned to the appropriate fund within the department.
(1) (A) An account shall remain in force, and any unused funds shall roll over from quarter-to-quarter and from year-to-year, until one (1) or more of the following occurs:(i) A parent withdraws his or her participating student from the Arkansas Children's Educational Freedom Account Program;(ii) A participating student graduates from high school;(iii) The end of the school year if a participating student turns twenty-one (21) years of age during the school year;(iv) A participating student is expelled from a participating school; or(v) A participating student is otherwise rendered ineligible to participate in the Arkansas Children's Educational Freedom Account Program.(B) If a participating student's account is closed following the occurrence of an event under subdivision (e)(1)(A)(iv) or (e)(1)(A)(v) of this section, the participating student's parent may appeal the division's decision to close the participating student's account to the State Board of Education according to rules promulgated by the state board.
(A) An account shall remain in force, and any unused funds shall roll over from quarter-to-quarter and from year-to-year, until one (1) or more of the following occurs:(i) A parent withdraws his or her participating student from the Arkansas Children's Educational Freedom Account Program;(ii) A participating student graduates from high school;(iii) The end of the school year if a participating student turns twenty-one (21) years of age during the school year;(iv) A participating student is expelled from a participating school; or(v) A participating student is otherwise rendered ineligible to participate in the Arkansas Children's Educational Freedom Account Program.
(i) A parent withdraws his or her participating student from the Arkansas Children's Educational Freedom Account Program;
(ii) A participating student graduates from high school;
(iii) The end of the school year if a participating student turns twenty-one (21) years of age during the school year;
(iv) A participating student is expelled from a participating school; or
(v) A participating student is otherwise rendered ineligible to participate in the Arkansas Children's Educational Freedom Account Program.
(B) If a participating student's account is closed following the occurrence of an event under subdivision (e)(1)(A)(iv) or (e)(1)(A)(v) of this section, the participating student's parent may appeal the division's decision to close the participating student's account to the State Board of Education according to rules promulgated by the state board.
(2) An account shall be closed before an event occurs under subdivision (e)(1) of this section if the state board finds:(A) Evidence of intentional misuse of account funds according to rules promulgated by the division; or(B) That a parent has failed to comply with this subchapter or state board rules governing the Arkansas Children's Educational Freedom Account Program.
(A) Evidence of intentional misuse of account funds according to rules promulgated by the division; or
(B) That a parent has failed to comply with this subchapter or state board rules governing the Arkansas Children's Educational Freedom Account Program.
(3) (A) Any unused funds shall revert to the division and be allocated to fund other accounts.(B) The division may pursue the collection of account funds when evidence of intentional misuse of account funds according to rules promulgated by the division has been shown through all means permitted by law.(C) (i) There shall be a maximum amount of funds allowed to remain in each participating student's account.(ii) The state board may establish rules to determine the: (a) Maximum amount of funds allowed under subdivision (e)(3)(C)(i) of this section; and (b) Process by which account funds will be returned to the appropriate fund within the department.
(A) Any unused funds shall revert to the division and be allocated to fund other accounts.
(B) The division may pursue the collection of account funds when evidence of intentional misuse of account funds according to rules promulgated by the division has been shown through all means permitted by law.
(C) (i) There shall be a maximum amount of funds allowed to remain in each participating student's account.(ii) The state board may establish rules to determine the: (a) Maximum amount of funds allowed under subdivision (e)(3)(C)(i) of this section; and (b) Process by which account funds will be returned to the appropriate fund within the department.
(i) There shall be a maximum amount of funds allowed to remain in each participating student's account.
(ii) The state board may establish rules to determine the: (a) Maximum amount of funds allowed under subdivision (e)(3)(C)(i) of this section; and (b) Process by which account funds will be returned to the appropriate fund within the department.
(a) Maximum amount of funds allowed under subdivision (e)(3)(C)(i) of this section; and
(b) Process by which account funds will be returned to the appropriate fund within the department.
(f) Account funds shall not:(1) Constitute taxable income of the parent or the participating student; and(2) Be claimed as a credit, deduction, exemption, or rebate.
(1) Constitute taxable income of the parent or the participating student; and
(2) Be claimed as a credit, deduction, exemption, or rebate.
(g) The division shall create procedures to ensure that a fair process exists to determine whether a participating student is no longer eligible for participation in the Arkansas Children’s Educational Freedom Account Program, including without limitation a participating student who is no longer eligible for participation in the Arkansas Children’s Educational Freedom Account Program due to his or her failure to demonstrate academic achievement or academic growth.
(h) (1) If the division bars a student from participating in the Arkansas Children’s Educational Freedom Account Program, it shall notify the participating student and his or her parent of its decision within three (3) days of its decision.(2) A parent may appeal the division’s decision to bar him or her from receiving payments from accounts to the state board according to rules established by the state board.
(1) If the division bars a student from participating in the Arkansas Children’s Educational Freedom Account Program, it shall notify the participating student and his or her parent of its decision within three (3) days of its decision.
(2) A parent may appeal the division’s decision to bar him or her from receiving payments from accounts to the state board according to rules established by the state board.
(i) The state board may promulgate rules to implement this subchapter.
(j) (1) (A) The division shall provide a time frame for the submission of applications under this subchapter that shall begin for the initial application period no sooner than February 1 and finish no later than June 1 for an upcoming school year.(B) The division shall promulgate rules for an applicant who meets criteria established by the division and who submits an application under this subchapter outside the time frame established by subdivision (j)(1)(A) of this section, including without limitation an applicant who moves:(i) To this state from another state; or(ii) From an area of this state that does not have a participating school to an area of this state that does have a participating school.(2) At the time of submitting a completed student application, an applicant shall indicate whether he or she will attend a private school or file a notice of intent to home school.(3) If an applicant changes from one (1) participating school to another participating school, the applicant shall not be entitled to any increase in funding under this subchapter.
(1) (A) The division shall provide a time frame for the submission of applications under this subchapter that shall begin for the initial application period no sooner than February 1 and finish no later than June 1 for an upcoming school year.(B) The division shall promulgate rules for an applicant who meets criteria established by the division and who submits an application under this subchapter outside the time frame established by subdivision (j)(1)(A) of this section, including without limitation an applicant who moves:(i) To this state from another state; or(ii) From an area of this state that does not have a participating school to an area of this state that does have a participating school.
(A) The division shall provide a time frame for the submission of applications under this subchapter that shall begin for the initial application period no sooner than February 1 and finish no later than June 1 for an upcoming school year.
(B) The division shall promulgate rules for an applicant who meets criteria established by the division and who submits an application under this subchapter outside the time frame established by subdivision (j)(1)(A) of this section, including without limitation an applicant who moves:(i) To this state from another state; or(ii) From an area of this state that does not have a participating school to an area of this state that does have a participating school.
(i) To this state from another state; or
(ii) From an area of this state that does not have a participating school to an area of this state that does have a participating school.
(2) At the time of submitting a completed student application, an applicant shall indicate whether he or she will attend a private school or file a notice of intent to home school.
(3) If an applicant changes from one (1) participating school to another participating school, the applicant shall not be entitled to any increase in funding under this subchapter.