Ark. Code Ann. § 6-18-112 (2020)

Subchapter 2 — Attendance

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1983, No. 822, § 3: Mar. 25, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are instances in which a person owns a single tract of land which is located in two school districts and the actual home of the owner is located on lands located in one district while the greatest portion of such lands is located in the other district; that in many such cases, the taxes paid by the landowner are substantially greater in the school district in which the home is not actually located and that fairness and equity demand that the children of such owner have the option to attend public school in either district regardless of where the home is actually located; that this Act is designed to permit such option and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 1029, § 4: Apr. 17, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 60 of the First Extraordinary Session of 1983 inadvertently repealed the law relating to the minimum age for enrollment in the first grade in the public schools; that it is urgent that such law be replaced as soon as possible; that this Act is designed to replace such law and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985 (1st Ex. Sess.), Nos. 40, 42, § 11: July 10, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy Fifth General Assembly meeting in Extraordinary Session that certain parents of school age children are providing educational programs for their children in home schools; that the State of Arkansas does not have adequate statutory provisions concerning the conduct of home schools; that the Arkansas Supreme Court has ruled that educating children at home does not meet the requirements for school attendance set forth in the compulsory attendance laws; that home schooling can be an appropriate educational program for certain children whose parents wish to educate them at home; that the law must be clarified to authorize the education of children in home schools subject to appropriate guidelines established by this Act and the State Board of Education. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 466, § 3: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that constitutional challenges to the present form of Section 1 of Act 60 of the First Extraordinary Session of 1983 (Ark. Stats. 80-1501) has caused considerable confusion among school administrators and school boards as to whether certain individual students may properly attend school in their districts; that additional legal challenges to the present form of Section 1 of said Act 60 of the First Extraordinary Session of 1983 are presently pending. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and welfare, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 528, § 3: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that when a school district admits to class a student residing in another school district, the receiving school district should be liable to the school district of residence for the revenues which the school district of residence will lose as a result of the student transfer; that this Act so provides and should be given immediate effect in order to provide for the equitable treatment of the school districts of residence. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 591, § 3: Apr. 4, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that constitutional challenges to the present form of Section 1 of Act 60 of the First Extraordinary Session of 1983 (Ark. Stats. 80-1501) has caused considerable confusion among school administrators and school boards as to whether certain individual students may properly attend school in their districts; that additional legal challenges to the present form of Section 1 of said Act 60 of the First Extraordinary Session of 1983 are presently pending. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and welfare, shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 895, § 4: Mar. 22, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that some school districts are allowing students ineligible for attendance, to attend schools in the district to the detriment of the district in which the student is eligible to attend. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 70, § 8: Nov. 16, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that parental involvement is a necessary part of a student's education, and the General Assembly feels very strongly that a student's parents, guardians or persons in loco parentis should be informed of excessive student absences and should bear certain responsibilities regarding their students' absences. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 915, § 5: Mar. 29, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to the effective and efficient operation of the Arkansas Department of Correction that the department transfer employees among the various units; that since employees of the department are commonly transferred from one unit to another, it is difficult for the department to employ the best qualified personnel unless the children of such personnel are permitted to continue to attend school in the district of choice; that this act is designed to permit this choice in order that the department can employ and retain the best qualified personnel at the respective units and therefore should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1105, § 5: Apr. 13, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that uncertainty exists as to what conditions will justify attendance by a student in a nonresident district and in order to clarify those conditions the General Assembly hereby finds that an emergency exists. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 30 and 31, § 9: Aug. 24, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, meeting in Second Extraordinary Session, that under current law, sixteen and seventeen year olds can no longer enroll in adult education and attend a GED program, and the GED programs are more suitable than the public schools in meeting the educational needs of some sixteen and seventeen year olds. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 572, § 5: Mar. 9, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas Code 6-18-222 was intended to address excessive unexcused absences of public school students; that as written it applies to excessive absences; that the present law is unduly burdensome on school districts; and that this act relieves the burden and should go into effect as soon as possible in order to lighten the burden. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 275, § 5: Feb. 26, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is some disparity in practice among school districts as to whether students can be allowed to graduate early when they have completed all courses and credits required by the school district for graduation and that immediate implementation of this act is necessary for clarification prior to the end of the current school year and graduation time. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 570, § 7: Mar. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that immediate passage of this act is necessary to eliminate uncertainty for parents of children approaching the age for school enrollment and to alleviate hardship to local school districts in planning for the next school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 13: July 1, 2004. Effective date clause provided: “Unless otherwise provided herein, this subchapter shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 14: Jan. 14, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) has declared the now current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court has set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide and ‘equal opportunity to an adequate education’; that the Arkansas Supreme Court has instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2199, § 2: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that a student's exposure to the legislative process is a important learning opportunity; that students are often asked to serve as pages during sessions of the General Assembly and those students should be allowed to serve without penalty for the absence; and that this act is immediately necessary to ensure that a student serving as a page during the 2005 legislative session is not penalized for his or her service. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 29, § 2: Feb. 4, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that families in Arkansas are suffering an undue hardship created by the establishment of new kindergarten enrollment criteria; that some children currently enrolled in prekindergarten programs are not eligible to enroll in kindergarten due to newly implemented criteria; that the immediate implementation of this act is necessary for public school districts and families of these children to prepare for the enrollment of these students in kindergarten for the 2009-2010 school year; that the failure to allow these children to enroll in kindergarten will cause irreparable harm to the education of these children and the well-being of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 426, § 3: Mar. 13, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that families in Arkansas are suffering an undue hardship created by the establishment of new kindergarten enrollment criteria; that some children currently enrolled in prekindergarten programs are not eligible to enroll in kindergarten due to newly implemented criteria; that the immediate implementation of this act is necessary for public school districts and families of these children to prepare for enrollment of students in prekindergarten and kindergarten programs during the 2009-2010 school year and beyond; and that this act is immediately necessary because failure to allow consistent enrollment age criteria will cause irreparable harm to the education of these children and the well-being of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 600, § 24: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that state oversight and intervention into distressed school districts is critical to the delivery of a constitutionally adequate education; and that the changes made in this act are immediately necessary for the state to meet this constitutional obligation. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1227, § 7: Apr. 16, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain provisions of the Arkansas Public School Choice Act of 1989, § 6-18-206, have been found to be unconstitutional by a federal court; that thousands of public school students are currently attending public schools in nonresident school districts under that law; that there is now uncertainty about the viability of those transfers and future transfers; that this act repeals the disputed provisions of that law while preserving the opportunity for public school choice; and that this act is immediately necessary to resolve the uncertainty in the law before the 2013-2014 school year and preserve existing student transfers. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.