Arkansas AG rejects proposed education constitutional amendment for 2026 ballot

For AR Kids spokesperson Bill Kopsky talks about why the group's constitutional amendment initiative came up short of the required number of signatures during a press conference at Arkansas Public Policy Panel offices in Little Rock on Friday, July 5, 2024. (Photo by Sonny Albarado/Arkansas Advocate)

This story was updated at 11:45 a.m. on Aug. 30, 2024 to include additional comments from the attorney general’s office.

Arkansas’ attorney general on Thursday rejected a proposed constitutional amendment that would require identical standards for public and private schools that receive state funding.

In his six-page opinion , Attorney General Tim Griffin said he could not certify the proposal because the submission did not include the full text of the measure as required by law.

“Thus, a failure to submit the proposed amendment’s full text in compliance with A.C.A. § 7-9-107 makes it impossible for me to determine whether your proposed popular name and ballot title are misleading,” Griffin said.

Additionally, Griffin said sponsors may only submit one popular name and one ballot title, but two were included in this submission — one in English and one in Spanish.

Jeff LeMaster, a spokesperson for Griffin’s office, said there’s nothing in the law prohibiting a sponsor from submitting a ballot title in Spanish, and while there are no specific rules regarding the translation of a ballot petition, a sponsor can only circulate for signatures what is approved and certified by the attorney general’s office.

The proposal was submitted on Aug. 16 by Bill Kopsky, treasurer of For AR Kids, a ballot question committee that submitted an identical proposal for the 2024 general election ballot. The group turned its attention to the 2026 election after failing to collect enough signatures to qualify for the ballot this November.

Groups supporting two other measures targeting government transparency and eliminating the sales tax on feminine hygiene products also refiled their proposals for the 2026 ballot after failing to qualify in 2024. Griffin certified those measures in July.

Arkansas AG approves language for two 2026 ballot initiatives

Kopsky said Friday that For AR Kids mistakenly omitted a page from their proposal and will resubmit a complete version on Tuesday. The group plans to start campaigning later this year, but they wanted to get the attorney general’s approval now, he said.

The proposed Arkansas Educational Rights Amendment of 2026 would amend Article 14 of the Arkansas Constitution to require “identical academic standards and identical standards for accreditation including assessments of students and schools based on such standards” for any schools that receive local or state funds.

The proposal stems from the LEARNS Act , a 2023 law that made wide-ranging changes to the state’s education system, including increasing the minimum teacher salary to $50,000 and creating a voucher program that provides state funding for allowable educational expenses, such as private school tuition.

Critics have argued the Educational Freedom Account program is unfair because private schools receiving state funding don’t have to follow the same requirements as their public counterparts, such as admitting all students, providing transportation and administering certain standardized tests.

The LEARNS Act does require private schools to administer approved annual exams for EFA students.

In addition to equal standards, the proposed constitutional amendment would guarantee voluntary universal access to early childhood education for students three years old until they qualify for kindergarten, and after-school and summer programming. The proposal would also require services for students with disabilities and assistance for children in families within 200% of the Federal Poverty Line ( $62,400 for a family of four ).

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