1. (a) An individual who is a resident of the State of Arkansas and the parent of a student who is eligible to enroll in a public elementary or secondary school may apply on behalf of a prospective participating student to participate in the Arkansas Children’s Educational Freedom Account Program for the 2024-2025 school year if the prospective participating student is:

   1. (1) A student with a disability as defined by 6 CAR § 35-102(20);
   2. (2) Considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023;

   3. (3) A student in foster care, as defined in 6 CAR § 35-102(7), or who has been in foster care and subsequently achieved permanency through:

      1. (A) Adoption;
      2. (B) Reunification; or
      3. (C) Permanent custody or guardianship;
   4. (4) A student who participated in the Succeed Scholarship Program, Arkansas Code § 6-41-901 et seq. [repealed], during the 2022-2023 school year;
   5. (5) A child of active-duty uniformed services personnel, as identified by Title 10 or Title 32 of the United States Code;

   6. (6)

      1. (A) A student who:

2. (i) Was eligible to enroll in kindergarten in a private school for the first time during the 2023-2024 school year; or

   1. (ii) Is enrolling in kindergarten for the first time in the 2024-2025 school year.

      1. (B) In order to be eligible to enroll in the Arkansas Children’s Educational Freedom Account Program under subdivision (a)(6)(A) of this section, a student must:

         1. (i) Be at least five (5) years of age on or before August 1 of the school year in which a parent intends to enroll the student in kindergarten;
         2. (ii) Turn six (6) years of age during the school year in which a parent intends to enroll the student in first grade; or
         3. (iii) Meet alternate eligibility requirements set forth in Arkansas Code § 6-18-207 for entering kindergarten or first grade;

   2. (7) A student who was enrolled in the previous school year in a:

      1. (A) Public school that has a rating of “D” or “F” under Arkansas Code §§ 6-15-2105 and 6-15-2106 and Division of Elementary and Secondary Education rules; or
      2. (B) Public school district classified as in need of Level 5 — Intensive support under Arkansas Code § 6-15-2913 or § 6-15-2915; or

   3. (8) A student with a parent, or a student, who is:

      1. (A) A veteran as identified under Title 38 of the United States Code;
      2. (B) In the uniformed services reserve components;
      3. (C) A first responder as defined by Arkansas Code § 5-13-101; or
      4. (D) A law enforcement officer.
3. (b) Any individual who is both a resident of the State of Arkansas and the parent of a student who is eligible to enroll in a public elementary or secondary school may apply on behalf of a prospective participating student to participate in the Arkansas Children’s Educational Freedom Account Program for the 2025-2026 school year and all subsequent school years.

Codification Notes: The Succeed Scholarship Program, Arkansas Code § 6-41-901 et seq., was repealed by Acts 2023, No. 237, § 52.