Did the Arkansas AG certify the ballot title for the 'Arkansas Educational Rights Amendment of 2026'?

Plain-English summary

Bill Kopsky, on behalf of For AR Kids, submitted the proposed "Arkansas Educational Rights Amendment of 2026" for review. AG Tim Griffin certified the popular name as submitted and substituted and certified the ballot title with two formatting changes (capitalizing "State" for uniformity and removing commas to align with the measure's full text). The AG mentioned Opinion No. 2024-033, in which he reviewed a similar proposal; he did not describe this filing as a resubmission of Opinion No. 2024-076.

The substantive measure would amend Article 14 of the Arkansas Constitution to:

• require identical academic standards and accreditation standards for any school receiving State or local funds;
• define what counts as receiving public funds (direct receipts, tax credits, voucher-type assistance);
• deny State or local funds to non-public schools that fail to meet the same academic standards as public schools;
• expand the State's obligation to maintain a "general, suitable, and efficient" system of free public schools to include early childhood education, afterschool and summer programs, anti-poverty assistance for children within 200% of the federal poverty line, and special-needs services;
• define an "adequate education" by reference to seven specific competencies;
• require legislative implementation, including funding;
• forbid legislative amendment without a vote of the people; and
• add a severability clause.

The opinion is a procedural certification, not a merits review. The AG includes a now-standard caution about ballot-title length and complexity, with a reference to the Arkansas Supreme Court's repeated warnings to sponsors of complex statewide measures.

What this means for you

If you are a voter or signer

The certified popular name and ballot title control what you see on the petition and (if it qualifies) on the ballot. The AG's certification means the title accurately and impartially summarizes the text, but says nothing about whether the proposal is sound policy. Read the full text before signing or voting.

If you are an initiative sponsor

The AG reviewed the proposed amendment text, popular name, and ballot title. He certified the popular name and made two formatting changes to the ballot title before certifying it. The opinion does not explain the filing history beyond identifying a similar proposal reviewed in Opinion No. 2024-033.

The cautions at the end are typical for long, complex measures. The Arkansas Supreme Court has repeatedly warned that lengthy ballot titles are more vulnerable to a successful court challenge. Plan for that possibility if your measure is complex.

If you are an attorney advising a sponsor or an opposing committee

The AG made only two formatting changes here. He cautioned that the measure's length and complexity may make its ballot title susceptible to a successful challenge, and referred readers to Opinion No. 2023-038 for his summary of the Arkansas Supreme Court's decisions on that issue. Certification did not resolve a future court challenge.

If you are an education advocate or policy analyst

The proposed amendment would apply identical academic and accreditation standards to schools that receive state or local funds as defined in its text, expand the State's public-school obligations, and require a public vote before legislative alteration of the amendment. This opinion certifies the popular name and ballot title; it does not report whether the proposal qualified for a ballot.

Common questions

Q: Did the AG approve the policy in the amendment?
A: No. Under A.C.A. § 7-9-107, the AG's job is to confirm that the popular name and ballot title accurately and impartially summarize the text. The AG does not pass on the policy merits.

Q: What changes did the AG make to the ballot title?
A: Two formatting changes: capitalizing "State" in "State and local funds" for uniformity with later references in the title, and removing two commas in the sixth definition of "adequate education" to align with comma usage in the full text. Substantively, the certified ballot title matches what the sponsor submitted.

Q: What were the warnings about length and complexity?
A: The AG, citing AG Opinion 2023-038, noted that the Arkansas Supreme Court has repeatedly warned that long, complex ballot titles are more susceptible to challenge. Significant constitutional changes can have unintended consequences, and any ambiguity in the text can lead to a successful court challenge. The AG made the same warning he has made for other complex measures.

Q: What are the canvasser instructions referenced?
A: A.C.A. § 7-9-108 requires instructions before every petition. The AG says he included a copy for incorporation before circulation and might revise them in 2025. The available opinion PDF does not reproduce those instructions.

Q: Where can I read the certified ballot title?
A: It is reproduced in full in the opinion's "Application" section. It is the long single-paragraph version starting with "An amendment to Article 14 (Education) of the Arkansas constitution requiring identical academic standards…" and ending with "providing that this amendment's provisions are severable."

Q: Does certification mean the measure will be on the 2026 ballot? A: No. The opinion certifies a popular name and ballot title; it does not say the measure qualified for the ballot. The AG cautions that a ballot-title challenge could succeed because of length, complexity, or ambiguity.

Background and statutory framework

A.C.A. § 7-9-107 sets the AG-review procedure for proposed initiated acts and constitutional amendments. Here, the AG reviewed the text of the proposed amendment, its popular name, and its ballot title. He certified the popular name and substituted and certified the ballot title with two formatting changes.

Under A.C.A. § 7-9-108, instructions to canvassers and signers must precede each petition. The AG told the sponsor to incorporate the instructions before circulation. This opinion does not address ballot qualification.

The AG warns that the length and complexity of a proposed amendment correlate with susceptibility to a successful ballot-title challenge and that ambiguity in a measure's text could lead to one. He cites Opinion No. 2023-038 for his earlier summary of relevant court decisions.

Citations and references

Statutes:

• A.C.A. § 7-9-107, AG review of proposed amendments and ballot titles
• A.C.A. § 7-9-108, canvasser instructions
• Ark. Const. art. 14: education

Prior AG opinions:

• Ark. Att'y Gen. Op. 2024-033, similar measure
• Ark. Att'y Gen. Op. 2023-038, length and complexity warning
• Ark. Att'y Gen. Op. 2023-131: popular-name and ballot-title rules

Source

• Official Arkansas Attorney General opinion search: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/ (Opinion No. 2024-079, September 19, 2024; official five-page PDF)

Original opinion text

Opinion No. 2024-079

September 19, 2024

Mr. Bill Kopsky
For AR Kids
1308 West Second Street
Little Rock, Arkansas 72201

Dear Mr. Kopsky:

I am writing in response to your request, made under A.C.A. § 7-9-107, that I certify the popular name and ballot title for a proposed constitutional amendment. In Attorney General Opinion No. 2024-033, I reviewed the text, popular name, and ballot title of a proposed measure that was similar to the proposed text, popular name, and ballot title you recently submitted. There, I substituted and certified the popular name and ballot title.

My decision to certify or reject a popular name and ballot title is unrelated to my view of the proposed measure’s merits. I am not authorized to consider the measure’s merits when considering certification.

1. Request. Under A.C.A. § 7-9-107, you have asked me to certify the following popular name
   and ballot title for a proposed amendment to the Arkansas Constitution:

                                       Popular Name
   
                   The Arkansas Educational Rights Amendment of 2026
   
                                         Ballot Title
   

   An amendment to Article 14 (Education) of the Arkansas constitution

      requiring identical academic standards and identical standards for
      accreditation, including assessments of students and schools based on such
      standards, for any school that receives State or local funds;
   
      defining “receives, or in receipt of, any State or local funds” to mean:
   
          (i)   receipt by the school of any State or local funds, property, or
                tax credits to cover or defray, in whole or in part, the costs of
                any student attending the school;
   

Mr. Bill Kopsky
Opinion No. 2024-079
Page 2

(ii) receipt by the student attending the school, or the student’s parents or guardians, of any state or local funds, property, or tax credits to cover or defray, in whole or in part, the costs of the student attending the school; or

(iii) receipt by a school, a student attending the school, or the student’s parents or guardians, of financial assistance for the cost of the student attending the school that is funded, in whole or in part, by monetary contributions that qualify for a State tax credit under Arkansas law;
denying State or local funds to any non-public school that fails to meet the same academic standards, standards for accreditation, or assessment requirements as public schools;
expanding the State’s obligation to ever maintain a general, suitable, and efficient system of free public schools to include:

(1) universal access to voluntary, early childhood education for students three (3) years old until they qualify for Kindergarten;

(2) universal access to voluntary afterschool and summer programs necessary for the achievement of an adequate education;

(3) assistance to children who are within 200% of the federal poverty line so that the qualifying children can achieve an adequate education and overcome the negative impact of poverty on education; and

(4) services that fully meet the individualized needs of students with disabilities to allow them meaningful access to integrated education;
defining an adequate education as, without limitation, all children developing sufficient:

(1) oral and written communication skills to enable students to function in a complex and rapidly changing civilization;

(2) knowledge of economic, social, and political systems to enable students to make informed choices;

Mr. Bill Kopsky
Opinion No. 2024-079
Page 3

(3) understanding of governmental processes to enable students to understand the issues that affect their community, state, and nation;

(4) self-knowledge and knowledge of their mental and physical wellness;

(5) grounding in the arts to enable students to appreciate their cultural and historical heritage;

(6) training, or preparation for advanced training, in either academic or vocational fields, so as to enable children to choose and pursue life work intelligently; and

(7) academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market;
requiring the General Assembly to enact legislation to implement this amendment, including allocating funding necessary to fully implement this amendment;
forbidding the General Assembly from amending, altering, or repealing this amendment absent a vote of the people; and
providing that this amendment’s provisions are severable.

2. Rules governing my review. In Opinion No. 2023-131, I explained the rules governing popular
   names and ballot titles, and I also explained the rules governing my review of proposed measures. Rather than repeat those explanations, I incorporate them here by reference.

3. Application. Having reviewed the text of your proposed constitutional amendment, as well as
   your proposed popular name and ballot title, I certify your submitted popular name, and I substitute and certify the following ballot title for your proposed measure: 1

                                                   Ballot Title
   
    An amendment to Article 14 (Education) of the Arkansas constitution requiring
    identical academic standards and identical standards for accreditation, including
    assessments of students and schools based on such standards, for any school that
   

1
I have made only two changes to your submitted ballot title: (1) I capitalized “State” in “State and local funds” on the eighth line of the ballot title for uniformity with your other references to “State and local funds,” and (2) I removed the commas in the sixth definition of “adequate education” to align with comma usage in the full text of the proposed amendment.

Mr. Bill Kopsky
Opinion No. 2024-079
Page 4

receives State or local funds; defining “receives, or in receipt of, any State or local funds” to mean: (i) receipt by the school of any State or local funds, property, or tax credits to cover or defray, in whole or in part, the costs of any student attending the school; (ii) receipt by the student attending the school, or the student’s parents or guardians, of any State or local funds, property, or tax credits to cover or defray, in whole or in part, the costs of the student attending the school; or (iii) receipt by a school, a student attending the school, or the student’s parents or guardians, of financial assistance for the cost of the student attending the school that is funded, in whole or in part, by monetary contributions that qualify for a State tax credit under Arkansas law; denying State or local funds to any non-public school that fails to meet the same academic standards, standards for accreditation, or assessment requirements as public schools; expanding the State’s obligation to ever maintain a general, suitable, and efficient system of free public schools to include:
(1) universal access to voluntary, early childhood education for students three (3) years old until they qualify for Kindergarten; (2) universal access to voluntary afterschool and summer programs necessary for the achievement of an adequate education; (3) assistance to children who are within 200% of the federal poverty line so that the qualifying children can achieve an adequate education and overcome the negative impact of poverty on education; and (4) services that fully meet the individualized needs of students with disabilities to allow them meaningful access to integrated education; defining an adequate education as, without limitation, all children developing sufficient: (1) oral and written communication skills to enable students to function in a complex and rapidly changing civilization; (2) knowledge of economic, social, and political systems to enable students to make informed choices; (3) understanding of governmental processes to enable students to understand the issues that affect their community, state, and nation;
(4) self-knowledge and knowledge of their mental and physical wellness;
(5) grounding in the arts to enable students to appreciate their cultural and historical heritage; (6) training or preparation for advanced training in either academic or vocational fields so as to enable children to choose and pursue life work intelligently; and (7) academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market; requiring the General Assembly to enact legislation to implement this amendment, including allocating funding necessary to fully implement this amendment; forbidding the General Assembly from amending, altering, or repealing this amendment absent a vote of the people; and providing that this amendment’s provisions are severable.

While the foregoing has been substituted and certified, I believe that, in light of the significance of the subject matter undertaken and the potential complexity and far-reaching effects of this proposal, a few cautionary notes are warranted. You should be aware that experience has shown a correlation between the length and complexity of constitutional amendments and their susceptibility to a successful ballot-title challenge. Any ambiguity in the text of a measure could lead to a successful court challenge. Significant changes in law often have unintended consequences that, if known, would give voters serious ground for reflection. As several of my

Mr. Bill Kopsky
Opinion No. 2024-079
Page 5

predecessors have noted when certifying certain lengthy and complex ballot titles, the Arkansas Supreme Court has repeatedly warned sponsors of statewide measures about their ballot titles’ length and complexity. 2 In Opinion No. 2023-038, I summarized the Court’s decisions on the significance of a ballot title’s length and complexity.

Under A.C.A. § 7-9-108, instructions to canvassers and signers must precede every petition, informing them of the privileges granted by the Arkansas Constitution and the associated penalties for violations. I have included a copy of the instructions that should be incorporated into your petition before circulation. Please note, however, that I may revise these instructions in 2025 to incorporate any relevant legislative changes.

Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.

Sincerely,

TIM GRIFFIN
Attorney General

2
E.g., Ark. Att’y Gen. Ops. 2023-038, 2007-160, 2005-212, 2000-137.