Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas             As Engrossed:       H2/13/23 H3/13/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1204
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 By: Representative Wooten
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                                   For An Act To Be Entitled
                AN ACT CONCERNING PRIVATE SCHOOLS; TO REQUIRE PRIVATE
                SCHOOLS TO ADMINISTER AN ANNUAL STATEWIDE STUDENT
                ASSESSMENT; TO REQUIRE PRIVATE SCHOOLS TO ADMIT EACH
                STUDENT WHO APPLIES FOR ADMISSION AND INTENDS TO USE
                STATE FUNDING TO COVER THE COSTS ASSOCIATED WITH
                ADMITTANCE AND ATTENDANCE AT THE PRIVATE SCHOOL; AND
                FOR OTHER PURPOSES.
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                                               Subtitle
                         TO REQUIRE PRIVATE SCHOOLS TO ADMINISTER
                         AN ANNUAL STATEWIDE STUDENT ASSESSMENT;
                         AND TO REQUIRE PRIVATE SCHOOLS TO ADMIT
                         EACH STUDENT WHO APPLIES FOR ADMISSION
                         AND INTENDS TO COVER PRIVATE SCHOOL COSTS
                         WITH STATE FUNDING.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code § 6-15-2006(a)(1)(B), concerning an annual
 reporting of a student's statewide assessment test results, is amended to
 read as follows:
                         (B)   The A private school, as defined in § 6-15-2907, and
 school district board of directors shall report to the parent, guardian, or
 the student, if the student is eighteen (18) years of age or older, the
 student's results on each statewide assessment test.
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        SECTION 2.       Arkansas Code § 6-15-2907(a), concerning the implementation
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     As Engrossed:       H2/13/23 H3/13/23                                          HB1204
 of a statewide student assessment system, is amended to read as follows:
      (a)(1)     The Division of Elementary and Secondary Education shall
 implement a statewide student assessment system to be administered by
 Arkansas public schools and private schools on a schedule determined by the
 State Board of Education that includes the following components:
               (1)(A)     Developmentally appropriate measurements or assessments
 for kindergarten through grade two (K-2) in literacy and mathematics;
               (2)(B)     Assessments to measure English language arts,
 mathematics, and science as identified by the state board;
               (3)(C)     Assessments of English proficiency of all English
 learners; and
               (4)(A)(D)(i)        Assessments to measure college and career
 readiness.
                        (B)(ii)    A public school or private school that serves a
 student in grades ten through twelve (10-12) shall administer college and
 career readiness assessments, including a career readiness assessment that
 leads to a nationally recognized work readiness certificate, as determined by
 the state board, to each student before he or she graduates from high school.
                        (C)(iii)    Public school districts may offer additional
 college and career readiness assessments for students in grades ten through
 twelve (10-12) at no cost to the student by using public school district
 funding, including without limitation Enhanced Student Achievement Funding
 under § 6-20-2305.
               (2)    However, any costs associated with the administration of a
 statewide student assessment system by a private school shall be entirely
 covered by the private school.
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      SECTION 3.        Arkansas Code § 6-15-2907(d)-(f), concerning requirements
 regarding the statewide student assessment system, are amended to read as
 follows:
      (d)     A public school district or private school, at its own expense,
 may assess the academic achievement and growth of students by other means in
 addition to the required statewide student assessment system.
      (e)     All students enrolled in a public school district or private
 school shall participate in the statewide student assessment system.
      (f)     Public school district boards of directors and private schools
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     As Engrossed:         H2/13/23 H3/13/23                                         HB1204
 shall not establish school calendars that limit or interfere with student
 participation in the statewide student assessment system.
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        SECTION 4.       Arkansas Code § 6-15-2907(h), concerning requirements
 regarding the statewide student assessment system, is amended to read as
 follows:
        (h)   The division shall provide for statewide student assessments that
 are:
                 (1)    Valid and reliable;
                 (2)    Obtained or developed, as appropriate, through contracts and
 project agreements;
                 (3)    Aligned to the Arkansas academic standards; and
                 (4)    Scored and returned for public school, and public school
 district, and private school use by August 1 of each year.
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        SECTION 5.       Arkansas Code § 6-15-2907(i)(1), concerning statewide
 student assessment system security and confidentiality, is amended to read as
 follows:
        (i)(1)     Public schools, public school districts, private schools, and
 educators shall maintain assessment security and confidentiality.
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        SECTION 6.       Arkansas Code § 6-15-2907(i)(3), concerning breach of
 security and confidentiality requirements for the statewide student
 assessment system, is amended to read as follows:
                 (3)    A violation by a public school, a public school district, a
 private school, or an educator of the security or confidential integrity of
 any test or assessment may result in action by the state board under §§ 6-17-
 410 and 6-17-428 or under the rules promulgated by the state board to
 implement this subchapter.
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        SECTION 7.       Arkansas Code § 6-15-2907(l), concerning the analysis and
 reporting of student performance data, is amended to read as follows:
        (l)   Public school districts and private schools shall analyze and
 report student performance data to students, parents, and the community, if
 the disclosures are not in conflict with applicable federal law and state
 law.
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     As Engrossed:          H2/13/23 H3/13/23                                         HB1204
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         SECTION 8.       Arkansas Code § 6-15-2907, concerning the implementation of
 a statewide student assessment system, is amended to add additional
 subsections to read as follows:
         (m)    As used in this section, "private school" means a nonpublic school
 that:
                 (1)     Offers instruction for students in grades kindergarten
 through twelve (K-12) in this state; and
                 (2)     Receives any form of state funding in any amount.
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         SECTION 9.       Arkansas Code § 6-15-2909(a), concerning dissemination of
 personally identifiable information with regard to the public availability of
 test instruments and scores, is amended to read as follows:
         (a)    Any material containing the personally identifiable information,
 including without limitation identifiable scores, of individual students on
 any test taken under the provisions of this subchapter shall not be:
                 (1)     Considered a public record within the meaning of the Freedom
 of Information Act of 1967, § 25-19-101 et seq.; or
                 (2)     Disseminated or otherwise made available to the public by a
 member of the State Board of Education, an employee of the Division of
 Elementary and Secondary Education, a member of the board of directors of a
 school district, an employee of a school district, an administrator or
 employee of a private school, or any other person, except as permitted under
 the provisions of the Family Educational Rights and Privacy Act of 1974, 20
 U.S.C. § 1232g, as it existed on January 1, 2017.
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         SECTION 10.       Arkansas Code Title 6, Chapter 18, Subchapter 2, is
 amended to add an additional section to read as follows:
         6-18-234.       Private school — Admittance requirements.
               (a)(1)    A private school shall admit each student who:
                 (A)     Applies for admission to the private school; and
                 (B)     Intends to use state funds to cover the costs associated
 with admittance and attendance at the private school.
                 (2)(A)     A private school that accepts state funds may claim a
 lack of capacity to admit a student who applies for admission to the private
 school only if the private school has reached its maximum student-to-teacher
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     As Engrossed:     H2/13/23 H3/13/23                                        HB1204
 ratio permitted under federal law or other applicable state or federal rules.
                     (B)   On or before May 31, a private school that accepts
 state funds shall submit to the Division of Elementary and Secondary
 Education a report detailing its capacity for the upcoming school year.
      (b)    As used in this section, "state funds" shall include without
 limitation the use of any form of state funds awarded to a student, including
 without limitation state funds awarded to a student under the following
 programs:
             (1)    The Philanthropic Investment in Arkansas Kids Program Act, §
 6-18-2301 et seq.; and
             (2)    The Succeed Scholarship Program, § 6-41-901 et seq.
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                                       /s/Wooten
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Statutes affected: 
Old version HB1204 Original - 1-24-2023 10:20 AM: 6-15-2006(a), 6-15-2907(a), 6-15-2907(d), 6-15-2907(h), 6-15-2907(i), 6-15-2907(l), 6-15-2907, 6-15-2909(a)
Old version HB1204 V2 - 2-13-2023 09:46 AM: 6-15-2006(a), 6-15-2907(a), 02-13-2023, 6-15-2907(d), 6-15-2907(h), 6-15-2907(i), 6-15-2907(l), 6-15-2907, 6-15-2909(a)
Old version HB1204 V3 - 3-13-2023 09:37 AM: 6-15-2006(a), 6-15-2907(a), 03-13-2023, 6-15-2907(d), 6-15-2907(h), 6-15-2907(i), 6-15-2907(l), 6-15-2907, 6-15-2909(a)
HB 1204: 6-15-2006(a), 6-15-2907(a), 03-13-2023, 6-15-2907(d), 6-15-2907(h), 6-15-2907(i), 6-15-2907(l), 6-15-2907, 6-15-2909(a)