Did the Arkansas AG approve the ballot title for 'The Arkansas Educational Rights Amendment of 2026,' which would require non-public schools that take state funds (or state tax credits) to meet the same academic and accreditation standards as public schools, and expand state education obligations?

Subject

Whether the Arkansas Attorney General should certify the popular name and ballot title for a proposed constitutional amendment called “The Arkansas Educational Rights Amendment of 2026.”

Plain-English summary

April Reisma and Kwami Abdul-Bey asked the AG to certify the popular name and ballot title for a proposed amendment. The submission was identical to the popular name and ballot title the AG had substituted and certified in Opinion No. 2024-079. The AG certified both as submitted.

The proposed ballot title would require identical academic and accreditation standards, including assessments, for any school that receives State or local funds. It defines receipt broadly to include funds, property, or tax credits received by a school, a student, or the student's parents or guardians, and assistance funded by contributions qualifying for a State tax credit. It would deny State or local funds to a non-public school that fails to meet the same standards as public schools.

The proposal would also expand the State's constitutional education obligation to include voluntary early childhood education, voluntary afterschool and summer programs, assistance for children within 200% of the federal poverty line, and services meeting the individualized needs of students with disabilities. The ballot title defines “adequate education” through seven listed areas, requires implementing legislation and funding, restricts amendment or repeal without a vote of the people, and makes the provisions severable.

The AG said the certification decision was unrelated to his view of the proposal's merits and that he was not authorized to consider those merits. He warned that experience has shown a correlation between the length and complexity of constitutional amendments and their susceptibility to a successful ballot-title challenge. He also said ambiguity could lead to a successful court challenge and that the Arkansas Supreme Court has repeatedly warned sponsors about ballot-title length and complexity.

The opinion says instructions to canvassers and signers must precede every petition under A.C.A. § 7-9-108. It also says the AG may revise those instructions in 2025 to incorporate relevant legislative changes. The AG declined to opine on the legal effects of certain bills if enacted because the office is prohibited from providing private legal advice.

What this means for you

Initiative sponsors

The AG certified this submission as submitted because it matched the popular name and ballot title he had substituted and certified in Opinion No. 2024-079. The certification decision did not express a view on the proposal's merits. The opinion also says that canvasser and signer instructions must precede every petition and that the AG may revise those instructions in 2025.

Arkansas voters

The proposed ballot title describes equal academic, accreditation, and assessment standards for schools receiving State or local funds, expanded education obligations, implementation funding, limits on amendment or repeal, and severability. The AG's decision certified the name and title; it did not evaluate the proposal's merits.

Public and non-public schools

The ballot title would apply its same-standard and assessment requirements to any school receiving State or local funds. It would deny State or local funds to a non-public school that fails to meet the standards or assessment requirements described in the title. The opinion does not analyze how those provisions would operate if adopted.

Petition canvassers and signers

The opinion says instructions to canvassers and signers must precede every petition and inform them of the privileges granted by the Arkansas Constitution and associated penalties for violations. It says the instructions should be incorporated into the petition before circulation and may be revised in 2025.

Common questions

Q: What did the AG decide?

He certified the proposed popular name and ballot title as submitted because they were identical to the name and title he had substituted and certified in Opinion No. 2024-079.

Q: Does certification mean the AG approved the amendment's merits?

No. The AG said his decision to certify or reject the name and title was unrelated to his view of the proposal's merits and that he was not authorized to consider those merits.

Q: Why did the AG warn about the amendment's length and complexity?

The opinion says experience has shown a correlation between the length and complexity of constitutional amendments and susceptibility to a successful ballot-title challenge. It also says ambiguity could lead to a successful court challenge and that the Arkansas Supreme Court has repeatedly warned sponsors about ballot-title length and complexity.

Q: What must precede an initiative petition?

Under A.C.A. § 7-9-108, instructions to canvassers and signers must precede every petition. The AG says those instructions should be incorporated before circulation and may be revised in 2025 for relevant legislative changes.

Q: Did the AG decide what pending bills would do?

No. The opinion says the sponsors asked about the legal effects of certain bills if enacted and that the AG had to decline because the office is prohibited from providing private legal advice.

Background and statutory framework

The proposed measure would amend Article 14 of the Arkansas Constitution. The opinion addresses the AG's certification of its popular name and ballot title under A.C.A. § 7-9-107. The AG says Opinion No. 2023-131 explained the rules governing popular names, ballot titles, and review of proposed measures, and he incorporates those explanations by reference.

The opinion's caution about ballot-title length and complexity refers to Opinion No. 2023-038, where the AG summarized Arkansas Supreme Court decisions on the significance of a ballot title's length and complexity. Footnote 1 identifies Ark. Att’y Gen. Ops. 2023-038, 2007-160, 2005-212, and 2000-137. The opinion also cites A.C.A. § 25-16-701 in connection with the prohibition on providing private legal advice.

Citations

• A.C.A. § 7-9-107
• A.C.A. § 7-9-108
• A.C.A. § 25-16-701
• Opinion No. 2024-079
• Opinion No. 2023-131
• Opinion No. 2023-038
• Ark. Att’y Gen. Ops. 2007-160, 2005-212, 2000-137

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2025-016

February 26, 2025

April Reisma and Kwami Abdul-Bey
For AR Kids
1308 West Second Street
Little Rock, Arkansas 72201

Dear Ms. Reisma and Mr. Abdul-Bey:

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. Your submission is identical to the popular name and ballot title I substituted and certified in Opinion No. 2024-079.

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; (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,
   April Reisma and Kwami Abdul-Bey
   For AR Kids
   Opinion No. 2025-016
   Page 2

   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.

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 must certify your popular name and ballot title as submitted.

While I have certified your popular name and ballot title as submitted, 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 April Reisma and Kwami Abdul-Bey For AR Kids Opinion No. 2025-016 Page 3

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. 1 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.

4. Pending Legislation. You have also asked me to opine about the legal effects of certain bills if
   enacted. I must decline because this office is prohibited from providing private legal advice. 2

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

Sincerely,

TIM GRIFFIN
Attorney General

1
E.g., Ark. Att’y Gen. Ops. 2023-038, 2007-160, 2005-212, 2000-137.
2
A.C.A. § 25-16-701.