Arkansas Code
Subchapter 9 - Succeed Scholarship Program
§ 6-41-903. Private school eligibility

(a)
(1) A private school shall notify the Division of Elementary and Secondary Education of its intent to participate in the Succeed Scholarship Program.
(2) If the private school intends to enroll students with disabilities who have an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10), the notice shall specify the grade levels and services that the private school has available for students with severe disabilities who are participating in the Succeed Scholarship Program.

(b) The division shall approve a private school as eligible to participate in the Succeed Scholarship Program if the private school:
(1) Either:
(A) Meets the accreditation requirements set by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities; or
(B)
(i) Is an associate member of or has applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities.
(ii) A private school shall no longer be eligible if:
(a) The private school has not received accreditation within four (4) years of becoming eligible under subdivision (b)(1)(B)(i) of this section;
(b) The accrediting association determines that the private school is ineligible or unable to continue the accreditation process; or
(c) It becomes impossible for the private school to obtain accreditation within four (4) years.

(iii) A private school that becomes ineligible under subdivision (b)(1)(B)(ii) of this section shall regain eligibility when the private school receives accreditation.
(iv) A private school that is not fully accredited shall report annually to the state board its progress towards accreditation;

(2)
(A) Demonstrates fiscal soundness by having been in operation for one (1) school year or providing the division with a statement by a certified public accountant confirming that the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year.
(B) In lieu of a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the division;

(3) Complies with the antidiscrimination provisions of 42 U.S.C. § 2000d;
(4) Meets state and local health and safety requirements;
(5) Is academically accountable to the parent or legal guardian for meeting the educational needs of the student;
(6) Employs or contracts with teachers who hold baccalaureate or higher degrees;
(7) Complies with all state laws and rules governing private schools; and
(8) Adheres to the tenets of its published disciplinary procedures before an expulsion of a student receiving a scholarship.

(c) The division shall maintain a list of private schools eligible to participate in the Succeed Scholarship Program and make the list available on the division's website.
(d)
(1)
(A) An eligible private school shall administer annually or make provisions for a student participating in the Succeed Scholarship Program to take a nationally recognized norm-referenced test as established by the state board.
(B) A list, in a deidentified format, of students who have taken a nationally recognized norm-referenced test under subdivision (d)(1)(A) of this section and the students' test results shall be forwarded annually to the state board or its designee.

(2)
(A) A student with an individual education plan or an individualized service plan that provides for an exemption to standardized testing is not required to take the test required under subdivision (d)(1)(A) of this section.
(B) A list, in a deidentified format, of students with an individual education plan that provides for an exemption to standardized testing under subdivision (d)(2)(A) of this section shall be provided annually to the state board or its designee.

(3)
(A) An eligible private school shall annually prepare a portfolio that provides information on a student's progress to the student's parent or guardian if a student is exempt from standardized testing as permitted under subdivision (d)(2)(A) of this section.
(B) A list, in a deidentified format, of students with portfolios under subdivision (d)(3)(A) of this section and a general summary of the information provided in the portfolios shall be provided annually to the state board or its designee.

(4)
(A) An eligible private school under this section shall submit annually to the division or its designee, in a deidentified format required by the Bureau of Legislative Research in consultation with the division, a:
(i) Report that lists all students who have received a Succeed Scholarship under this subchapter who have been dismissed from the Succeed Scholarship Program by the private school;
(ii) Report that lists all students who have received a Succeed Scholarship under this subchapter who have voluntarily returned to a traditional public school;
(iii) List of foster children who have:
(a) Entered the Succeed Scholarship Program;
(b) Been dismissed from the Succeed Scholarship Program; or
(c) Been removed from the Succeed Scholarship Program by the Department of Human Services;

(iv) Report of administrative costs required to implement the Succeed Scholarship Program; and
(v) Report regarding the demographic data of students who have applied for the Succeed Scholarship under this subchapter and students who were awarded the Succeed Scholarship under this subchapter, including without limitation the geographic location in the state of the students who are participating in the Succeed Scholarship Program.

(B) The division shall make information received from eligible private schools under subdivision (d)(4)(A) of this section available to the House Committee on Education and the Senate Committee on Education in a deidentified format specified by the bureau in consultation with the division.

(5) All information under this subsection shall be included in the Succeed Scholarship Program biennial study under § 6-41-908.

(e)
(1) The division shall prepare and submit annually or obtain from its designated administrator for the Succeed Scholarship Program under this subchapter a report, in a deidentified format required by the bureau in consultation with the division, that indicates the:
(A) List of students who have received a Succeed Scholarship under this subchapter;
(B) Eligible private school attended by each student who has received a Succeed Scholarship under this subchapter; and
(C) Amount of each Succeed Scholarship received by a student under this subchapter.

(2) In addition to the report required under subdivision (e)(1) of this section, the division shall make information received from its designated administrator regarding the Succeed Scholarship Program under this subchapter available to the House Committee on Education and the Senate Committee on Education through the bureau.