(a)

1. (1) A public school district or open-enrollment public charter school may offer and teach distance learning courses to a student enrolled in a private school or a home school if:

   1. (A) The student resides in the public school district where the public school or open-enrollment public charter school is located;
   2. (B)

(i) The student agrees to physically attend the public school or open-enrollment public charter school for the purposes of taking state tests and assessments required for the particular course or courses taken by the student.

1. (ii) Subdivision (a)(1)(B) of this section shall not be construed to require a home-schooled student or private school student to take any test or assessment not specifically required for completion of the course for which the student is enrolled; and

   1. (C) The distance learning course is:

      1. (i) Approved by the Division of Elementary and Secondary Education; or
      2. (ii) Aligned with the appropriate content standards and curriculum frameworks developed and approved by the:

(b) (b) Division of Career and Technical Education.

1. (2) The Commissioner of Elementary and Secondary Education may waive the requirements of this subsection on an individual basis for a student who is unable to attend due to conditions that prevent the child from physically attending a public school or open-enrollment public charter school, upon written request from the parent mailed to: Office of the Commissioner ATTN: Distance and Digital Learning Waiver Division of Elementary and Secondary Education Four Capitol Mall Little Rock, AR 72201

(b) A public school district or open-enrollment public charter school that teaches or offers a distance learning course that complies with 6 CAR § 93-105 to one (1) or more home-schooled or private school students who meet the conditions of subsection (a) of this section shall be entitled to an amount equal to one-sixth (1/6) of the state foundation funding amount for each course taught to a private school student or home-schooled student.

1. (c) A public school district or open-enrollment public charter school shall not be entitled to more than the equivalent of state foundation funding for one (1) average daily membership per student regardless of the number of distance learning courses received by a particular home-schooled or private school student.

   1. (d)
2. (1) A student may take all courses virtually through a public school district or open-enrollment public charter school.
3. (2) Once a student who formerly was home-schooled or attended a private school accesses all courses virtually through a public school district or open-enrollment public charter school, the student is a public school student accessing courses at a distance.
4. (3) All laws pertaining to public school students shall pertain to a public school student accessing courses at a distance.