(a) Beginning with the 2025-2026 school year, a student is initially eligible for an account if the student:(1) Has a parent who is a resident of the State of Arkansas as defined by § 6-18-202; and(2) Is eligible to enroll in a public elementary or secondary school in this state.
(1) Has a parent who is a resident of the State of Arkansas as defined by § 6-18-202; and
(2) Is eligible to enroll in a public elementary or secondary school in this state.
(b) Beginning with the 2025-2026 school year and each year thereafter, for any year in which funds are insufficient to fund all applications for new accounts under this subchapter, priority shall be given according to the following schedule by category first and then by submission time of a completed student application:(1) A student who participated in the Arkansas Children's Educational Freedom Account Program during the previous school year;(2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year;(3) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2025;(4) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2025;(5) A foster child;(6) A student who was enrolled in the previous school year in a public school that has a rating of “D” or “F” under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules;(7) A student whose parent is active-duty military, veterans identified under Title 38 of the United States Code, or current or former members of the Arkansas National Guard;(8) A student who is or has a parent who is a law enforcement officer;(9) A student who is or has a parent who is a first responder;(10) A student who is enrolling in kindergarten or first grade for the first time; and(11) Any other student for whom none of the categories under subdivisions (b)(1)-(10) of this section is applicable.
(1) A student who participated in the Arkansas Children's Educational Freedom Account Program during the previous school year;
(2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year;
(3) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2025;
(4) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2025;
(5) A foster child;
(6) A student who was enrolled in the previous school year in a public school that has a rating of “D” or “F” under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules;
(7) A student whose parent is active-duty military, veterans identified under Title 38 of the United States Code, or current or former members of the Arkansas National Guard;
(8) A student who is or has a parent who is a law enforcement officer;
(9) A student who is or has a parent who is a first responder;
(10) A student who is enrolling in kindergarten or first grade for the first time; and
(11) Any other student for whom none of the categories under subdivisions (b)(1)-(10) of this section is applicable.
(c) The state board shall promulgate rules:(1) For the implementation of the Arkansas Children's Educational Freedom Account Program; and(2) To effectively and efficiently administer the Arkansas Children's Educational Freedom Account Program, including without limitation:(A) The awarding of funds to participating students;(B) The oversight of the Arkansas Children's Educational Freedom Account Program; and(C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program.
(1) For the implementation of the Arkansas Children's Educational Freedom Account Program; and
(2) To effectively and efficiently administer the Arkansas Children's Educational Freedom Account Program, including without limitation:(A) The awarding of funds to participating students;(B) The oversight of the Arkansas Children's Educational Freedom Account Program; and(C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program.
(A) The awarding of funds to participating students;
(B) The oversight of the Arkansas Children's Educational Freedom Account Program; and
(C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program.
(d) (1) Except as provided under subdivision (d)(2) of this section, a participating student may only participate in and receive funds from one (1) of the following:(A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or(B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq.(2) (A) A student with a disability as described by subdivision (b)(3) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2), as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program.(B) However, a student who qualifies under subdivision (d)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses.
(1) Except as provided under subdivision (d)(2) of this section, a participating student may only participate in and receive funds from one (1) of the following:(A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or(B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq.
(A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or
(B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq.
(2) (A) A student with a disability as described by subdivision (b)(3) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2), as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program.(B) However, a student who qualifies under subdivision (d)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses.
(A) A student with a disability as described by subdivision (b)(3) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2), as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program.
(B) However, a student who qualifies under subdivision (d)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses.
(e) The student's parent shall submit an application for an account to the Department of Education in accordance with Arkansas Children's Educational Freedom Account Program timelines established by the Department of Education.
(f) (1) The Department of Education shall create a standard form that a parent may submit to establish his or her child's eligibility for the Arkansas Children's Educational Freedom Account Program.(2) The Department of Education shall ensure that the standard form required under subdivision (f)(1) of this section is publicly available and may be submitted through various sources, including without limitation the internet.
(1) The Department of Education shall create a standard form that a parent may submit to establish his or her child's eligibility for the Arkansas Children's Educational Freedom Account Program.
(2) The Department of Education shall ensure that the standard form required under subdivision (f)(1) of this section is publicly available and may be submitted through various sources, including without limitation the internet.
(g) (1) As part of the application, a parent shall sign an agreement promising each of the following without limitation:(A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program.(ii) However, a participating student may take approved courses at a public school participating as an approved provider;(B) To use account funds only for qualifying expenses of the participating student;(C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the Department of Education according to state board rules; and(D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science.(2) The signed agreement required under subdivision (g)(1) of this section shall satisfy the compulsory school attendance requirements of § 6-18-201.
(1) As part of the application, a parent shall sign an agreement promising each of the following without limitation:(A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program.(ii) However, a participating student may take approved courses at a public school participating as an approved provider;(B) To use account funds only for qualifying expenses of the participating student;(C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the Department of Education according to state board rules; and(D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science.
(A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program.(ii) However, a participating student may take approved courses at a public school participating as an approved provider;
(i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program.
(ii) However, a participating student may take approved courses at a public school participating as an approved provider;
(B) To use account funds only for qualifying expenses of the participating student;
(C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the Department of Education according to state board rules; and
(D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science.
(2) The signed agreement required under subdivision (g)(1) of this section shall satisfy the compulsory school attendance requirements of § 6-18-201.
(h) The Division of Elementary and Secondary Education shall:(1) Continue making deposits into a participating student's account until:(A) The division determines that the participating student is no longer an eligible student;(B) The division determines that there was evidence of intentional misuse of account funds, as defined by the state board;(C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program;(D) A participating student enrolls full-time in a public school;(E) A participating student graduates from high school;(F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age; or(G) The division determines that a parent or participating student has committed fraudulent conduct;(2) Provide parents with a written explanation of the:(A) Allowable uses of funds;(B) Responsibilities of parents; and(C) Duties of the division and the role of any private financial management firms or other private organizations that the Department of Education may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and(3) Annually fund a participating student's account as funds are available and in accordance with this law and state board rules.
(1) Continue making deposits into a participating student's account until:(A) The division determines that the participating student is no longer an eligible student;(B) The division determines that there was evidence of intentional misuse of account funds, as defined by the state board;(C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program;(D) A participating student enrolls full-time in a public school;(E) A participating student graduates from high school;(F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age; or(G) The division determines that a parent or participating student has committed fraudulent conduct;
(A) The division determines that the participating student is no longer an eligible student;
(B) The division determines that there was evidence of intentional misuse of account funds, as defined by the state board;
(C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program;
(D) A participating student enrolls full-time in a public school;
(E) A participating student graduates from high school;
(F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age; or
(G) The division determines that a parent or participating student has committed fraudulent conduct;
(2) Provide parents with a written explanation of the:(A) Allowable uses of funds;(B) Responsibilities of parents; and(C) Duties of the division and the role of any private financial management firms or other private organizations that the Department of Education may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and
(A) Allowable uses of funds;
(B) Responsibilities of parents; and
(C) Duties of the division and the role of any private financial management firms or other private organizations that the Department of Education may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and
(3) Annually fund a participating student's account as funds are available and in accordance with this law and state board rules.
(i) (1) Upon notice to the division, a participating student may choose to stop receiving funds disbursed under this subchapter and enroll full-time in a public school.(2) (A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account.(B) The division shall close the participating student's account after the payment of all liabilities incurred before the participating student enrolls full-time in a public school.(3) A new account may be established if a former participating student's previous account was closed for any reason other than intentional misuse of account funds or fraudulent conduct.
(1) Upon notice to the division, a participating student may choose to stop receiving funds disbursed under this subchapter and enroll full-time in a public school.
(2) (A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account.(B) The division shall close the participating student's account after the payment of all liabilities incurred before the participating student enrolls full-time in a public school.
(A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account.
(B) The division shall close the participating student's account after the payment of all liabilities incurred before the participating student enrolls full-time in a public school.
(3) A new account may be established if a former participating student's previous account was closed for any reason other than intentional misuse of account funds or fraudulent conduct.
(j) The state board and the Department of Education may adopt rules to provide the least disruptive process for a participating student who desires to stop receiving funds disbursed under this subchapter and enroll full-time in a public school.