- (a) Prior to accepting donor funds under the Philanthropic Investment in Arkansas Kids Program Act, Arkansas Code §§ 6-18-2301 – 6-18-2308, a scholarship-granting organization shall notify the Division of Elementary and Secondary Education of its intent to provide educational scholarships to qualified students attending private school.
(b) The notification in subsection (a) of this section shall include:
- (1) The division’s application form on the division’s website;
- (2) Proof of exemption from federal income tax under 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, as in effect on January 1, 2021; and
(3) If the SGO expects to receive eligible contributions equal to or greater than fifty thousand dollars ($50,000) during the academic school year, documentation demonstrating financial viability before the start of the academic school year including either:
- (A) A surety bond payable to the State of Arkansas in an amount equal to the aggregate amount of eligible contributions the scholarship-granting organization expects to receive during the academic school year (minimum of fifty thousand dollars ($50,000)); or
- (B) Financial information that demonstrates the financial viability of the scholarship-granting organization, including a statement by a certified public accountant confirming that the SGO is insured and has sufficient capital or credit to operate in the upcoming school year.