Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             SENATE BILL 303
 4
 5   By: Senator C. Tucker
 6
 7                                     For An Act To Be Entitled
 8                  AN ACT TO GIVE OPEN-ENROLLMENT PUBLIC CHARTER SCHOOLS
 9                  THE AUTHORITY TO WEIGH ADMISSION LOTTERIES AT THEIR
10                  DISCRETION; AND FOR OTHER PURPOSES.
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12
13                                                 Subtitle
14                           TO GIVE OPEN-ENROLLMENT PUBLIC CHARTER
15                           SCHOOLS THE AUTHORITY TO WEIGH ADMISSION
16                           LOTTERIES AT THEIR DISCRETION.
17
18
19   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21            SECTION 1.     The introductory language of Arkansas Code § 6-23-306,
22   concerning the contents of open-enrollment public charters, is amended to
23   read as follows:
24            (a)   An open-enrollment public charter granted under this subchapter
25   shall:
26
27            SECTION 2.     Arkansas Code § 6-23-306(6)(B), concerning weighted lottery
28   admissions for open-enrollment public charter schools, is amended to read as
29   follows:
30                           (B)   The open-enrollment public charter school may allow a
31   weighted lottery to be used in the student selection process:
32                                  (i)    when When necessary to comply with Title VI of
33   the federal Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., Title IX of
34   the federal Education Amendments of 1972, 20 U.S.C. § 1681 et seq., the equal
35   protection clause of the Fourteenth Amendment to the United States
36   Constitution, a court order, or a federal or state law requiring
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                                                                                   SB303
 1   desegregation; and or
 2                            (ii)   For an increased chance of admission of the
 3   following students:
 4                                   (a)   National school lunch students, as defined
 5   under § 6-20-2303;
 6                                   (b)   English-language learners, as defined
 7   under § 6-20-2303;
 8                                   (c)   Students with disabilities under the
 9   Children With Disabilities Act of 1973, § 6-41-201 et seq., or the
10   Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
11                                   (d)   Students who are currently enrolled in a
12   public school that is classified as being in academic distress; and
13
14        SECTION 3.   Arkansas Code § 6-23-306(14)(C), concerning weighted
15   lottery admissions for open-enrollment public charter schools, is amended as
16   follows:
17                     (C)   The open-enrollment public charter may use a weighted
18   lottery in the student selection process only when necessary to:
19                            (i)    comply When necessary to comply with a:
20                                   (i)(a)    Federal court order; or
21                                   (ii)(b)   Federal administrative order issued by
22   an appropriate federal agency having proper authority to enforce remedial
23   measures necessary to comply with Title VI of the federal Civil Rights Act of
24   1964, 42 U.S.C. § 2000d et seq., Title IX of the federal Education Amendments
25   of 1972, 20 U.S.C. § 1681 et seq., or the equal protection clause of the
26   Fourteenth Amendment to the United States Constitution; and or
27                            (ii)   For an increased chance of admission of the
28   following students:
29                                   (a)   National school lunch students, as defined
30   under § 6-20-2303;
31                                   (b)   English-language learners, as defined
32   under § 6-20-2303;
33                                   (c)   Students with disabilities under the
34   Children With Disabilities Act of 1973, § 6-41-201 et seq., or the
35   Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
36                                   (d)   Students who are currently enrolled in a
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                                                                                   SB303
 1   public school that is classified as being in academic distress; and
 2
 3        SECTION 4.      Arkansas Code § 6-23-306, concerning contents of open-
 4   enrollment public charters, is amended to add an additional subsection to
 5   read as follows:
 6        (b)(1)     If an open-enrollment public charter includes the use of a
 7   weighted lottery under this section, the structure, format, and operation of
 8   the weighted lottery shall be subject to the sole discretion and control of
 9   the open-enrollment public charter school governed by the open-enrollment
10   public charter.
11                 (2)   An open-enrollment public charter that includes the use of a
12   weighted lottery under this section may provide that the weighted lottery be
13   operated and managed by the Department of Education.
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Statutes affected: 
Old version SB303 Original - 2-21-2023 01:18 PM: 6-23-306, 6-23-306(6), 6-23-306(14)
SB 303: 6-23-306, 6-23-306(6), 6-23-306(14)