(a) For purposes of continuity of educational choice, a student who enrolls in the Arkansas Children’s Educational Freedom Account Program shall remain eligible until the participating student:

1. (1) Enrolls full-time in a public school;
2. (2) Graduates with a high school diploma or receives a passing score on all subtests of a high school equivalency assessment under Arkansas Code § 6-16-118; or

3. (3)

   1. (A) Reaches twenty-one (21) years of age.
   2. (B) A student shall not be enrolled in the program past June 30 after reaching twenty-one (21) years of age.

(b) The Department of Education may immediately remove any participating student from eligibility for an EFA if the:

1. (1) Account has been inactive for two (2) consecutive school years;
2. (2) Participating student is no longer a resident of Arkansas; or
3. (3) Account holder submits written notification to the department to withdraw a participating student from the program and completes the procedures for withdrawal set by the department.

(c) The department may immediately remove any participating student from eligibility for an EFA if the account holder:

1. (1) Fails to comply with the terms of the agreement in 6 CAR § 35-105 or any other applicable laws, rules, or procedures; or
2. (2) Is found to have substantially misused EFA funds.

(d)

1. (1) The department may also remove a participating student who consistently fails to demonstrate academic achievement or growth on a valid and reliable assessment relative to the assessment’s scale.
2. (2) When a participating student fails to demonstrate academic achievement or growth from year to year, the participating school or home school instructional provider shall implement an intervention plan for the student developed by the school or student’s guardians.

3. (3) Participating schools enrolling students in intervention plans shall file annual reports with the department identifying the:

   1. (A) Intervention plans for the school year; and
   2. (B) Academic achievement and growth metrics expected to be met by the end of the school year.
4. (4) In the event that a participating student with an intervention plan does not meet achievement or growth, the intervention plan shall be revised and the student’s EFA account will be placed on probation and reviewed annually for a determination on whether the EFA will be closed.