Arkansas Laws Related to Nonpublic School

Updated August 17, 2011 -- New laws for the current school year are highlighted below.

I. Curriculum
1. 6-16-14. Section 2. 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.
2. 6-16-104. 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.
3. 6-16-105 (b). 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.
4. High-Stakes End-of-Course Assessments – District Obligations– A student transferring into an Arkansas public school on or after 2009- 2010 for Algebra I or 2013-2014 for English II whose official transcript from an out-of-state public, private, or home school, or an Arkansas private or home school demonstrates that he or she has previously obtained academic credit for Algebra I or English II is not required to participate in and receive academic credit from an initial high-stakes end- of-course assessment unless the public school district assesses the student’s educational status and determines that the student does not possess the requisite passing knowledge of Algebra I or English II.

II. Personnel
1. 6-17-101. Tuberculosis Tests-- Prior to beginning employment, every school employee shall have a certificate of health stating that the employee is free from tuberculosis. Certificates may be issued by a regularly licensed physician or regularly constituted health authority. All school cafeteria employees and other school employees handling food shall comply with the same health requirements imposed upon employees of restaurants and other food service establishments in the State of Arkansas.
In accordance with DHS regulations, all daycare teachers through the four-year-old programs must have an annual tuberculosis test. Teachers in grades kindergarten through the twelfth grade must have documentation on file in the school office stating they were free of tuberculosis on the date of first employment with the school system.
2. 6-17-305. Student Teachers—A school accredited by the Department of Education, regardless of accrediting agency, can be assigned a student teacher.
3. 6-17-2403. 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. (Act 2307)
4. 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.
5. Code of Ethics, Act 846 / July 2008 -- All teachers holding a current AR Teacher License need to take the hour and a half PowerPoint presentation on the Code of Ethics provided by the AR Dept of Edu. The training session can be counted toward
the annual 60 hours of professional development and can be done in any school by an administrator who has reviewed and studied the PowerPoint materials (available on www.arkansased.org ). School must keep documentation in the teachers’ personnel files stating that the training was completed. To date, the building principal and superintendents of private schools will not have to sent any documentation to the AR Dept. of Edu. regarding the in-service training. The documentation will be on file in the individual schools to be used in case of any litigation against a teacher concerning the Rules Governing the Code of Ethics for Arkansas Educators. Not complying with Act 846 could result in negligence on the part of the school. See the ANSAA.com educational links to access the PowerPoint Presentation or go to: arkansased.org, commissioner’s this month’s memo, PowerPoint Presentation on Code of Ethics LIC-09-005.

III. Students
1. 6-18-207. 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 Raises 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. 6-18-210. 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)
3. 6-18-22. 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.
4. 6-18-702. Immunizations-- Except as otherwise provided by law, no infant or child shall be admitted to a public or private school or child care facility of this state who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and other diseases as designated by the State Board of Health, as evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization.
The following link provides specific information regarding immunization requirements:
 http://www.healthy.arkansas.gov/aboutADH/RulesRegs/immunization_requirements.pdf
Children whose parents or guardians object based on religious tenets and practices of a recognized church or religions denomination are exempt. (Act 224 of 1967, 633 of 1973, and 871 of 1999)
5. 6-18-1704, 6-18-1705, 6-18-1706. Foreign Exchange Students—Requires an international student exahncge visitor placement organization to comply with the rules and regulations outlined when placing a student in a public or private school in the state.
6. Excused Absence -- Provides an excused absence from school for students serving as pages for the General Assembly. (Act 2199)
7. 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.
8. 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)
9. 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.
10. 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

IV. Transportation
1. 6-19-108. Bus Driver Certification – A driver or operator of a school bus either privately or publicly owned is required to pass a series of tests to determine physical fitness and driving ability. In addition, all school bus drivers will receive 24 hours
of pre-inservice training and 3 hours of annually training in accordance with the regulations established by the Division of Public School Academic Facilities and Transportation.
2. 6-19-116, 6-19-117. School Bus Safety Equipment -- 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.
3. 6-19-119. School Bus Passengers – All passengers are required to be seated while the school bus is in operation.
4. School Bus Safety -- 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. (Act-247)
It is a Class A felony to possess a deadly weapon and seize control of a bus operated by public or private school. (AR Code Ann 5-11-107)
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. 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)
6. 27-51-1609. Wireless Telephone Use --- Restrictions in school zones -- (a) Except as provided under subsection (b) of this section, a driver of a motor vehicle shall not use a handheld wireless telephone while operating a motor vehicle when passing a school building or school zone during school hours when children are present and outside the building. (b) A driver of a motor vehicle who is passing a school building or school zone during school hours when children are present and outside the building may use a handheld wireless telephone while operating a motor vehicle for an emergency purpose. (Effective October 1, 2011)

V. School Property and Supplies
1. 6-21-606. 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.
2. 6-21-607. 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.
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. 6.33B

VI. Children with Disabilities
1. 6-41-101. 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.
2. 6-41-206. 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.
3. 6-41-219. Testing and Evaluation -- Children attending private schools may voluntarily submit to tests and evaluations for suspected disabilities and assessments for individual education plans.

VII. Distance Learning
1. 6-47-404 and 6-47-405. Distance Learning Participation – Allows students enrolled in private schools to participate in distance learning courses provided that conditions for participation are met.

VIII. Higher Education
1. 6-60-202. Dual Enrollment – Qualified students may be enrolled in an institution of higher education as a part-time student upon receipt of a recommendation from the high school principal and by meeting the criteria for advanced placement.
2. 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)
3. 6-85-206, 6-85-207, 6-85-208, 6-85-209 and 6-85-210. Arkansas Academic Challenge Scholarship Program – Provides students from private schools in Arkansas that meet the requirements outlined in these sections (including minimal academic requirements) of the Arkansas Code of 1987 (revised February 23, 2010) with scholarship money to be used in participating Arkansas schools of higher education.

IX. Finances
1. 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
2. Ticket Sales -- Ticket sales for athletic events and interscholastic activities at public and private schools are exempt from sales tax. Arkansas Code Section 26-52-412

X. Arkansas Board of Education Rulings
1. Mentoring Program -- On June 12, 2006, the AR State Board of Education voted unanimously to allow teachers trained in the Pathwise program to mentor a NTL teacher in a private school that is accredited by a nationally recognized accrediting association. This ruling was a waver added to the April ruling stating only public schools would be allowed to participate in the NTL program. All ANSAA Accredited Schools are members of the National Federation of Nonpublic School State Accrediting Associations which is approved by the U.S Department of Education.