Act 867 of 2017 repeals and amends state statutes governing student attendance. Specifically, Ark. Code Ann. §§ 6-18-210 and 6-18-211 were repealed to allow greater flexibility in meeting the educational needs of students in grades nine through twelve (9-12). The repeal of these two sections removes the requirement that students in grades nine through twelve (9-12) enroll in no less than 350 minutes of planned instructional time each day and allows students to pursue other educational opportunities during the school day. These educational opportunities should be included in the student’s success plan and expand the learning opportunities of the student throughout his or her high school career.  

The ADE Rules Governing Mandatory Attendance will be repealed to reflect this change. Districts are still required to provide not less than six hours of planned instructional time each day, pursuant to Ark. Code Ann. § 6-16-102 and the ADE Rules Governing Standards for Accreditation.

Act 867 also amends Ark. Code Ann. § 6-18-213(a)(2), concerning student attendance records, and Ark. Code Ann. § 6-47-406(a)(2)(A) and (B), concerning distance learning programs. The amendment to Ark. Code Ann. § 6-18-213(a)(2) removes the requirement that students be physically present at school to be counted for purposes of attendance. The amendment to Ark. Code Ann. § 6-47-406(a)(2)(A) and (B) removes the requirement that students enrolled in a home school or private school be physically present at the public school to participate in a distance learning course offered by the public school, other than for assessment purposes.

Act 867 is effective as of August 1, 2017. 

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