(a) The participating school, parent, or service provider that is responsible for the majority of a student’s academic instruction, shall administer the following to all participating students who are enrolled on a full-time basis in kindergarten through tenth grade (K-10):

1. (1) An examination identified by the State Board of Education that is required for students attending public schools; or

2. (2)

   1. (A) A nationally recognized norm-referenced test approved by the state board that:

(i) Measures, at minimum, achievement in literacy and mathematics; and

1. (ii) Provides information that compares the performance of students against the performance of a sample of students from across the country.

   1. (B) The Department of Education shall provisionally approve a test for use in the 2023-2024 school year if the participating school or service provider administered the test to students during one (1) or more of the previous three (3) school years.

(b)

1. (1) Each participating school, parent, or service provider that is responsible for the majority of a student’s academic instruction shall provide the following information to the department annually by June 30:

   1. (A) A list of participating students who have taken an examination or norm-referenced test pursuant to subsection (a) of this section, the name of the assessment taken, and the achievement results for each student; and
   2. (B) A list of participating students who are exempt from standardized testing due to the nature of the student’s disability, pursuant to subsection (c) of this section, and the alternate assessment results or summary of portfolio information provided for each student.

2. (2)

   1. (A) Information provided to the department may only be released in compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

   2. (B) Pursuant to Arkansas Code § 6-15-503, information provided in a notice of intent to home school:

      1. (i) Is confidential and not subject to the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.; and
      2. (ii) May be used only for statistical and recordkeeping purposes as required by law.

3. (3) If the school is a high school, the number of participating students who graduated from high school in a given year and the number of Advanced Placement, International Baccalaureate, Advanced International Certificate of Education, or other college-level tests taken by participating students.

   1. (c)
4. (1) A participating student who is determined by a participating school or service provider to need an exemption to standardized testing due to the existence of a significant cognitive disability is not subject to the requirement of subsection (a) of this section.
5. (2) A testing exemption may only be granted if the participating student meets all four (4) criteria listed in the Arkansas Alternate Assessment Decision-Making Tool as determined by a certified special education teacher or by an approved education service provider that provides therapies or diagnostic services to a student with a disability.

6. (3) An exempt participating student shall:

   1. (A) Take an alternate assessment approved by the state board; or

   2. (B) Prepare a portfolio that provides information on the participating student's progress to his or her parent.

      1. (d) The department shall administer a survey to account holders to assess their satisfaction with the department’s administration of the Arkansas Children’s Educational Freedom Account Program and their experience with participating schools and service providers, including but not limited to the following:
7. (1) Satisfaction with program service and communication;
8. (2) Satisfaction with the quality of private schools or education service providers; and
9. (3) Satisfaction with value of service provided for money expended, and any concerns with increases to, or misrepresentation of, tuition or fees for service providers.

(e) The survey shall:

1. (1) Collect no more than one (1) response from each account holder; and
2. (2) Be conducted between January 1 and May 31 of each school year.