1. (a) Arkansas Code § 6-18-201(a), concerning the age for compulsory attendance for school enrollment, is that: “Under the penalty for noncompliance as shall be set by law, every parent, guardian, or other person residing within the State of Arkansas having custody or charge of any child age five (5) through seventeen (17) … shall enroll and send the child to a public, private, or parochial school or provide a home school for the child …”
2. (b) Under special circumstances, persons sixteen (16) or seventeen (17) years of age may be enrolled in adult education programs in accordance with Acts 2001, No. 1659, and Acts 2003, No. 604.

3. (c) Students age sixteen (16) or seventeen (17), enrolled in a private, parochial, or home school, who desire to enroll in an adult education program shall meet the following requirements:

   1. (1) Students shall apply for enrollment to the adult education program;

   2. (2)

      1. (A) If administered the TABE test (Level A, current form, Survey or Complete Battery), the student shall score eight and five-tenths (8.5) or above on all sections.
      2. (B) If administered the official GED® practice test, the student must score a minimum of one hundred forty-five (145) on each section.
      3. (C) If administered another NRS-approved assessment, the student must meet the minimum score for that assessment as outlined in the Arkansas Adult Education Assessment Policy and Distance Education Guidelines;
   3. (3) A student who is home schooled shall provide a notarized copy of the notice of intent to home school that was provided to the superintendent of the local school district as required by Arkansas Code § 6-15-503;
   4. (4) The student and the student’s parents, guardians, or persons in loco parentis shall meet with the appropriate staff of the adult education program to discuss academic options open to the student;
   5. (5) The adult education program administrators shall review the student’s school and testing records prior to allowing admission to an adult education program;

   6. (6)

      1. (A) The adult education program shall require, for continued enrollment, a minimum of twenty (20) hours per week of class attendance and instruction.
      2. (B) A minimum of ten (10) hours of attendance per week shall be required for any student who is employed for thirty (30) hours or more each week;

   7. (7) The student, the student’s parents, guardians, or persons in loco parentis, and the administrative head of the adult education program agree in writing that the student will:

      1. (A) Attend the requisite number of hours per week; and
      2. (B) Maintain appropriate conduct as outlined in the local adult education program student handbook;
   8. (8) In the event a student does not attend class as mandated in this policy or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in either a public, private, parochial, or home school within five (5) days from the date the student is released from the adult education program; and
   9. (9) If a home school student is accepted into an adult education program, the student’s parent, guardian, or person standing in loco parentis shall send written notification to the local public school superintendent of their intent to participate in the adult education program.

4. (d) Students sixteen (16) years of age or older, enrolled in a private, parochial, or home school, who desire to take the General Educational Development test or other high school equivalency exam shall meet the following requirements:

   1. (1) Students shall not be required to obtain permission or approval from any official in a public school district before being allowed to take the test;
   2. (2) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment;
   3. (3) A student enrolled in a home school shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by Arkansas Code § 6-15-503; and
   4. (4) A student enrolled in a private, parochial, or home school must achieve at least the minimum official General Educational Development practice test scores, or other approved high school equivalency assessment.
5. (e) Note. Any variation in the required documentation must be approved by the Adult Education Section of the Division of Workforce Services.
6. (f) Note. Under Arkansas Code § 6-18-201, any person sixteen (16) or seventeen (17) years of age who has received a high school diploma or its equivalent as determined by the State Board of Education is not subject to the compulsory attendance requirement.

Codification Notes: “GED” means General Educational Development test. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "INFORMATION/RATIONALE: The ages established for compulsory school attendance by Arkansas Act 292 of 1991 are ages five through seventeen, both inclusive. This Act allows, after certain provisions have been met, for persons age 16 or 17 to enroll in adult education programs. Arkansas Acts 1659 of 2001 and Act 604 of 2003 detail the process that must be followed and requirements that must be met to allow persons age sixteen or seventeen to enroll in adult education programs." "Relevant sections of federal law and regulation: Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), Title II, The Adult Education and Family Literacy Act (AEFLA), Section 203(1). "Adult Education means services or instruction below the post-secondary level for individuals who have attained sixteen years of age; (and) who are not enrolled or required to be enrolled in secondary school under State law."" "EFFECTIVE DATE: JULY 1, 1991 REVISED DATE: SEPTEMBER 13, 1993 REVISED DATE: APRIL 18, 2003 REVISED DATE: NOVEMBER 15, 2008 REVISED DATE: AUGUST 4, 2015 REVISED DATE: DECEMBER 31, 2017"