State Department of Education Refuses to Listen to Homeschoolers on Proposed EFA Restrictions

On Friday, the Arkansas Democrat-Gazette reported that the State Department of Education plans to move forward with proposed rules prohibiting homeschoolers from using Educational Freedom Account (EFA) funding to pay for team sports under the LEARNS Act.

The decision comes despite public comments from more than 200 citizens who oppose the rules. Family Council and its homeschool division, the Education Alliance, were among those who submitted public comments against the proposed rules in December.

Lawmakers created the EFA program under the LEARNS Act in 2023, making it possible for Arkansas students to use public funds to pay for an education at a public or private school or at home. Thousands of students have taken advantage of school choice in Arkansas under this program.

Last year the Arkansas Legislature approved Act 920 by Sen. Breanne Davis (R — Russellville) and Rep. Keith Brooks (R — Little Rock) reducing EFA vendor fees and limiting EFA spending on extracurricular activities to 25%. That means a student who participates in the LEARNS Act cannot spend more than one-fourth of his or her EFA money on extracurricular activities.

Family Council supported Act 920 because homeschoolers participating in the EFA program have seen the price of extracurricular activities go up. Cutting vendor fees and capping certain costs will encourage providers to keep their prices down.

However, the Department of Education’s proposed rules go beyond what Act 920 allows. The proposed EFA rules completely prohibit any EFA spending on registration fees, equipment costs, dues, and any costs associated with club or team sports.

Act 920 simply caps spending in these areas at 25% of a student’s total EFA funding, but the Department of Education wants to prohibit spending on team and club sports altogether.

Besides failing to track with Act 920, many homeschoolers have also expressed concerns that completely prohibiting EFA spending on team sports is unfair because public schools fund team sports with state money.

If the Department of Education opts to move forward with these rules, the legislators on the Arkansas Legislative Council’s Administrative Rules and Regulations Subcommittee will have to approve them in February.

Family Council and the Education Alliance are urging all Arkansans to ask their lawmakers not to approve the Department of Education’s proposed Rules Governing the Arkansas Children’s Educational Freedom Account Program.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.