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, resubmitted his "Arkansas Educational Rights Amendment of 2026" with the missing full text included this time. AG Tim Griffin certified the popular name as submitted and substituted-and-certified the ballot title with two small formatting changes (capitalizing "State" for uniformity and removing two commas to align with the full-text usage).
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
This opinion is a clean example of how the rejection-then-resubmit cycle works. After Opinion 2024-076 rejected the prior submission for missing text, the sponsor came back with a complete submission and obtained certification. The AG made minor formatting changes to the ballot title (capitalizing "State" and removing two commas) and certified.
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's substitution power under A.C.A. § 7-9-107(d)(1) is a typical tool: minor formatting and parallelism changes are common. They do not change the substance of the measure. If you are opposing the measure, the certified ballot title is now the litigation target if you challenge it pre-petition or post-qualification on misleading-summary grounds. The opinion's reference to AG Op. 2023-038 and to the Court's standing case law on length-and-complexity gives you the framework.
If you are an education advocate or policy analyst
The substantive ambition of the measure is broad: it would (1) impose public-school accreditation standards on private schools that receive any state or local benefit, including indirect tax-credit benefits; (2) expand the State's free-public-school obligation to early childhood and summer programs; (3) lock the amendment against legislative modification without a vote of the people; and (4) define an "adequate education" by enumerated competencies. Track the measure's signature campaign and any judicial challenge to the ballot title, since those will determine whether voters see it in 2026.
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 every petition to be preceded by instructions to canvassers and signers explaining the privileges granted by the Arkansas Constitution and the associated penalties for violations. The AG includes the standard instructions and notes they may be revised in 2025 to reflect any legislative changes.
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. Certification is one step. The sponsor still has to gather valid signatures from the required number of registered voters, file the petitions with the Secretary of State, and survive any pre-election or post-qualification legal challenges.
Background and statutory framework
A.C.A. § 7-9-107 sets the AG-review procedure for proposed initiated acts and constitutional amendments. The sponsor's "original draft" must include the full text, a popular name, and a ballot title (subsections (a)-(b)(3)). The AG either certifies as submitted, substitutes corrected versions and certifies (subsection (d)(1)), or returns the submission with deficiencies explained (the path AG Op. 2024-076 took with this measure's earlier filing).
After certification, the sponsor must include statutorily prescribed canvasser instructions in petitions (A.C.A. § 7-9-108) and gather signatures sufficient to qualify the measure for the ballot. The AG opinion does not address signature requirements or the qualification process; those are administered by the Secretary of State.
The opinion's standard cautions about length and complexity reflect Arkansas Supreme Court doctrine that lengthy ballot titles face heightened scrutiny on misleading-summary grounds. The Court has repeatedly invalidated complex titles where ambiguity could mislead voters.
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. 2024-076, rejection for missing text
- Ark. Att'y Gen. Op. 2024-033, prior version of 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
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.
- 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; (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.
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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.
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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 (with two formatting changes: capitalizing "State" for uniformity with your other references to "State and local funds," and removing the commas in the sixth definition of "adequate education" to align with comma usage in the full text of the proposed amendment).
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 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. 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