1. (a)

   1. (1) To apply to participate in the Arkansas Children’s Educational Freedom Account Program, a parent shall:

      1. (A) Fully complete the standard application form available on the Department of Education’s website; and
      2. (B) Submit the application to the department during a window established by the department.
   2. (2) The standard application form may be submitted via web portal available on the department’s website.

   3. (3) The standard application form shall include, at a minimum, information and documentation necessary to establish an applicant’s:

      1. (A) Residency in the State of Arkansas; and
      2. (B) Eligibility pursuant to the criteria set in 6 CAR § 35-103.
   4. (4) The department may assist an applicant in completing the standard application form as needed.
   5. (5) The department may request additional information from an applicant at any time to verify eligibility.

2. (b) For the 2024-2025 school year, pursuant to Arkansas Code § 6-18-2506(a)(3)(B)(ii), if the number of applications received by the department from eligible students exceeds the maximum number of students that may participate in the Arkansas Children’s Educational Freedom Account Program or otherwise exceeds three percent (3%) of 2022-2023 total public school student enrollment, then the department shall award accounts in the following order:

   1. (1) First priority shall be given to students who:

      1. (A) Participated in the Succeed Scholarship Program, Arkansas Code § 6-41-901 et seq. [repealed], during the 2022-2023 school year; or
      2. (B) Are otherwise students with a disability under 6 CAR § 35-102(20);

   2. (2) Second priority shall be given in descending order to students who are:

      1. (A) Considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023;
      2. (B) Foster children or formerly in foster care;
      3. (C) Children of active-duty uniformed services personnel as identified by Title 10 or Title 32 of the United States Code;
      4. (D) Children who were enrolled in a public school that has a rating of “F” or a public school district classified in need of Level 5 — Intensive support immediately preceding their application for an EFA; and
      5. (E) Children who:

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

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

   2. (3) Third priority will be given in descending order to students who:

      1. (A) Are or who are children of:

         1. (i) Uniformed veterans as identified under Title 38 of the United States Code;
         2. (ii) Uniformed reservists;
         3. (iii) First responders; and
         4. (iv) Law enforcement officers; and
      2. (B) Are children who were enrolled in a public school that has a rating of “D”;
   3. (4) Fourth priority will be given to students who have been in the Arkansas Children’s Educational Freedom Account Program the longest after priority has been given to students identified in subdivisions (b)(1), (2), and (3) of this section; and

   4. (5)

      1. (A) All additional applications shall subsequently be approved in the order in which they are received until the maximum number of participating students is cumulatively reached.

      2. (B) If the total number of applicants exceeds the number of students that can be funded, the department shall provide notice on its website and to participating schools that:

         1. (i) A maximum of three percent (3%) of the total 2022-2023 public school enrollment may participate in the program;
         2. (ii) The total number of applicants exceeds the number of students that can be funded in that given school year; and
         3. (iii) Funding will be prioritized as set by this subsection.
         4. (c) The department shall conduct an annual analysis to forecast the level of funds available for the EFA prior to the start of the application window.
         5. (d)

   5. (1) The department shall:

      1. (A) Notify applicants when their application is approved; and

      2. (B) Inform parents of participating students how they may:

         1. (i) Activate the account; and
         2. (ii) Identify the amount of EFA funding the participating student will receive.
   6. (2) The department shall continue to approve eligible student applications as funding remains available and the conditions for continuing eligibility are met by the applicant pursuant to 6 CAR § 35-106.
4. (e) Once a completed standard application form has been approved by the department, the applicant shall complete the enrollment procedures set by the department to become enrolled in the Arkansas Children’s Educational Freedom Account Program, including execution of an agreement to participate in the program as outlined in 6 CAR § 35-105.

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