Arkansas Nonpublic School Accrediting Association

Arkansas Laws Related to Nonpublic School

To view the complete Act or Bill, click on this link to the Arkansas General Assembly Website or the link at the bottom of the page.

Latest Update September 2007  

I.  Educational Requirements:

1.      Compulsory School Attendance

Every Parent, guardian , or other person residing within the State of Arkansas having custody or charge of any child age five (5) through seventeen(17) years on or before September 15 of that year shall enroll and send the child to a public, private, or parochial school, or provide a home school for the child. (Ark. Code Annotated 6-18-207 and amended by Act 570 in 1999).

            Act 462 amends Act 6-18-207 and Rises Age of Kindergarten Enrollment

The minimum age for enrollment in kindergarten for the 2009-2010 school year is five (5) years on or before September 1, 2009; for the 2010-2011 school year is five (5) years on or before August 15, 2010; for the 2011-2012 school and afterwards, students may enter kindergarten if they are five (5) years on or before August 1, of the year in which they seeking initial enrollment.

2.      Withdrawal of Students

All schools, public and private, must notify the Department of Finance and Administration when "a student fourteen (14) years of age or older is no longer in school. (Ark. Code Section 6-18-222)

3.     Exempts High School  Early Graduates From a Full School Day

Mandatory school attendance in grades nine through twelve is amended to allow a student who has met all graduation requirements form graduating early to not be required to continue to attend school. (Act 985, Ark. Code Section 6-18-210) 

4.     Instruction in English:

The basic language of instruction in all schools of the state, including private schools, is the English language only. Violators are guilty of a misdemeanor; the fine not to exceed $25. (Ark. Code Ann 6-16-104). 

5.    Credit for Teaching Experience

The state will now recognize and credit a teacher with a valid Ark. Teaching license for all of his/her years of teaching in a private school within the State of Ark. accredited by a nationally recognized accrediting association. (Ark. Code 6-17-2403 (c), Act 2307) 

6.     Professional Development Hours

Teachers seeking to renew an AR Teaching License will be required to have 60 professional development hours per year (beginning with the 2004-05 school year) to renew their teaching license.   

(Act 1185): Allows a teacher to earn up to twelve hours of professional development credit for time required at the beginning of the school year to plan and prepare a curriculum and other instructional material. HB-1461 (Cooper, Miller et al.)

(Act 1183): Allows a 3-hour graduate level college course to count for 15 hours of the professional development.

7.    Academic Challenge Scholarship Program

The Ark Dept. of Edu. may recognize a sub-score of 19 or higher on the ACT as meeting the requirement for passing end-of-course exam under the Ark. Academic Challenge Scholarship Program. (Act 2197) 

8.    Arkansas Academic Challenge Scholarship Program

Amends the financial need and grade point average requirements of the Arkansas Academic Challenge Scholarship Program. (Act 2214)  

9.    International Baccalaureate

Allows a High School Course offered under the International Baccalaureate Diploma Program to be treated the same as an advanced placement course.  (Act 2152)  

10.   Excused Absence

Provides an excused absence from school for students serving as pages for the General Assembly. (Act 2199)

 II. Special Education:  

1. Testing and Evaluation

Children attending private schools may voluntarily submit to tests and evaluations for suspected disabilities and assessments for individual education plans.  Ark. Code Ann 6-41-219. 

2. Handicapped Students

When the state or school districts utilize private schools to serve handicapped students, the State Board of Education and the local school districts continue to bear responsibility to assure an appropriate quantity and quality of instruction and related services. Ark. Code Ann. 6-41-206. 

3. Funding for Handicapped

Prior to expending funding for new programs to handicapped students the  Department of Education will publish a notice of intent and invite proposals from special service providers. Ark. Code Ann 6-41-101. 

III. Health and Safety:            

      1.  Immunization

Act 224 of 1967, 633 of 1973, and 871 of 1999

The requirements for entry into school, irrespective of grade, are at least three doses of Acellular Diphtheria / Tetanus / Pertussis/ (DTaP), Diphtheria / Tetanus / Pertussis (DTP), Diphtheria / Tetanus (DT pediatric), or Tetanus / Diphtheria (Td Adult), at least three doses of polio vaccine; two doses of Rubeola (measles) vaccine, one dose of Rubella (German measles) vaccine and one does of Mumps vaccine. Additionally, three doses of Hepatitis B vaccine and one does of Varicella (chickenpox) vaccine are required before entering Kindergarten. Three does of Hepatitis B are required for Transfer student (students not in your school last school year) and students entering the seventh grade.

Children whose parents or guardians object based on religious tenets and practices of a recognized church or religions denomination are exempt.  Ark. Code Ann 6-18-702 (a), (f). 

2.      Scoliosis Screening

Private schools must institute as soon as possible a continuing scoliosis screening program in accordance with State Board of Health regulations. Ark. Code Ann. 20-15-802. 

3.      Fire Drills

Private schools are required to have one fire drill each month and to keep all doors and exits unlocked during schools hours. Ark code Ann. 12-13-109. 6.33

4.  Firearms

It is against the law to possess a firearm on the property of any public or private school, on a school bus, or at a designated school bus stop. If a parent knows that a minor has possession of a firearm while at a public or private school-sponsored sporting event the parent can be charged with a misdemeanor. Ark. Code Section 5-73-119 

           5.      School Bus

All buses operated by public or private schools must meet certain safety standards including installation of a flashing white strobe light, a crossing gate, and appropriate mirrors. Ark. Code Sections 6-19-116 and 6-19-117 

Act-247: Restricts entry of a school bus by anyone over 18 who enters a school bus with criminal intent, disrupts driver, or refuses to leave is a Class B misdemeanor.

            Ark. Code Section 5-11-107. It is a Class A felony to possess a deadly weapon and  seize control of a bus operated by public or private 

            school.  

6. Child Care Facilities by DHS Child Safety Alarms

All agencies or child care facilities licensed by the DHS that transport children need to have child safety alarm devices installed on vehicles designed or used to transport more than seven passengers and one driver.(Act 1979 / SB 465)

      7.   Student’s Social Security Numbers

This act only applies to public schools. Nonpublic schools may want to follow to protect the privacy of their students. Beginning with the 2005-2006 school year, no school shall use, display, release or print a student’s social security number on any report, identification card, or any document that will be made available or released to the public, a student, or a student’s parent without the written consent of the student’s parent. (Act 246/ HB 1106)   

8.      Child Maltreatment

Private school teachers who have reasonable cause to suspect that a child has been subjected to child maltreatment must immediately notify the Department of Human Services Central Intake Unit or law enforcement. Ark. Code Ann. 12-12-507. 

9. Child Abuse Investigations

Law enforcement officials shall be allowed access to public and private school records during the course of a child abuse investigation. School officials cannot deny them access to a student's records. Ark. Code Section 12-12-508 

10.  Loitering

Persons loitering on or near private school grounds during school hours or at any school-sponsored activities after regular school hours without any lawful purpose are guilty of a misdemeanor. Ark. Code Ann. 6-21-607. 

11.  Trespassing

Persons disturbing private schools by their conduct or trespassing on school grounds during recess or while school is in session are guilty of a misdemeanor. Ark. Code Ann. 6-21-606. 

IV.  Finances  

1. Public Aid for Private Schools/Private School Students:

The Arkansas Constitution prohibits the use of money or property belonging to the public school fund or to the State for any other purpose. Ark. Code Ann. 6-16-14, Sec. 2. 

2.      United States Flag

Private school authorities are required to procure a suitable United States flag and flagstaff to display the flag properly upon, near, or in the school buildings during the hours school is in session and at other times as school authorities direct. Ark. Code Ann. 6-16-105 (b). 

3.      Property Taxes

Arkansas exempts "school buildings and apparatus; libraries and grounds used exclusively for all real and tangible personal school purposes" from all real and tangible personal property taxes. This exemption applies to private schools as well as public schools. Philips Co. v. Sister Estelle. 42 Ark. 536 (1884) 2001 

4. Ticket Sales

Ticket sales for athletic events and interscholastic activities at public and private schools are exempt from sales tax. Ark Code Sec 26-52-412

Click on the link to the Arkansas General Assembly Website for more information!

www.arkleg.state.ar.us

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