Two Measures Filed to Restrict Homeschoolers Under EFA Program

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Last week, two bad resolutions authorizing introduction of non-budget measures were filed at the Arkansas Legislature.

The General Assembly convened on Wednesday for its 2026 budget session, and lawmakers are currently reviewing appropriations for the coming fiscal year. During the budget session, legislators can file non-appropriation measures, but those measures cannot be brought up for consideration without a two-thirds vote of the Arkansas House and Senate.

Two identical non-appropriation measures — H.R. 1008 and S.R. 16 — have been filed to restrict homeschoolers participating in the Educational Freedom Account (EFA) program.

Lawmakers created the EFA program 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, and many homeschool families have benefited from it.

H.R. 1008 and S.R. 16 would significantly reduce EFA funding for homeschoolers and implement mandatory assessment scores for students participating in the EFA program.

It’s worth pointing out that lawmakers have rejected homeschool testing legislation in the past.

The State of Arkansas used to require homeschoolers to take a state-mandated test. In 2009, Arkansas’ homeschoolers performed better on the Iowa Tests of Basic Skills than 61% – 80% of the students who took that test, nationwide.

According to the 2013-2014 Home School Report from the Arkansas Department of Education, in 2014 homeschoolers in grades 3 – 9 scored anywhere from the 51st percentile to the 65th percentile on that same test.

In fact, homeschoolers in Arkansas performed so well on standardized tests that the Arkansas Legislature finally ended state-mandated homeschool testing in 2015.

H.R. 1008 and S.R. 16 cannot be brought up for consideration without a two-thirds vote of the Arkansas House and Arkansas Senate, and there does not seem to be much interest in these measures among lawmakers at this time.

Family Council and its homeschool division, the Education Alliance, plan to continue monitoring this legislation at the Capitol.

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

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Family Council, Education Alliance Ask Arkansas Board of Education to Rethink EFA Restrictions on Team Sports

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On Monday, Family Council and its homeschool division, the Education Alliance, submitted public comments expressing concerns over new rules governing Educational Freedom Account spending on athletics.

Lawmakers created the EFA program 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.

The newest proposed rules from the Department of Education would prohibit EFA spending on team sports that require tryouts or that limit participation based on ability. That means that a homeschool student who wants to play basketball for a local school could not pay for athletic expenses with EFA money even though public schools pay for team sports with state money.

Arkansas law clearly caps spending in these areas at 25% of a student’s total EFA funding, which means no more than one-fourth of a student’s EFA money can go toward team sports and extracurricular activities. The proposed rules go farther by prohibiting spending on team sports that require tryouts.

The proposal also limits EFA balances. Previously, EFA funds could roll over each year up to a maximum balance of $20,000. However, the proposed rules now set this limit at $8,500 or a lesser amount set by the Arkansas legislature in a future session.

The proposed rules also set up a new framework differentiating between “core educational expenses” versus “qualifying expenses.”

Family Council and our homeschool division, the Education Alliance, submitted comments on Monday expressing our concerns that the proposed rules are more restrictive than the state laws the Arkansas Legislature has passed.

At this time, the State Board of Education could vote on the EFA rules at its April meeting this Thursday. Our office plans to monitor the situation, and we will let Arkansas’ home schoolers know what the board decides to do.

You can read Family Council’s comments on the proposed rules here.

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

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Proposed EFA Restrictions Do Not Appear on State Board of Education Agenda

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The State Board of Education is scheduled to meet at 12:30 PM this Thursday, February 12, at the Arkansas Department of Education Building located at Four Capitol Mall in Little Rock. The meeting agenda is available here.

It appears the board does not plan to vote on proposed rules prohibiting homeschoolers from using Educational Freedom Account (EFA) funding to pay for team sports under the LEARNS Act.

Family Council has reached out to state officials about the status of the proposed rules. Sources tell us that the board may choose to “table” the rules for discussion later on. The situation is still very fluid, so we will let you know if we learn of any changes between now and the State Board of Education meeting on Thursday.

Here is a little more information about the situation:

In January the Arkansas Democrat-Gazette reported that the Department of Education planned to move forward with rules prohibiting EFA spending on team sports under the LEARNS Act despite public comments from more than 200 citizens who oppose them. Family Council and its homeschool division, the Education Alliance, were among those who submitted public comments against the proposed rules.

At the time, there was talk that the State Board of Education could cast a final vote on the rules at its February meeting.

The Department of Education’s proposed EFA restrictions go beyond what state law allows.

The restrictions would completely prohibit any EFA spending on registration fees, equipment costs, dues, and any costs associated with club or team sports.

Arkansas law clearly caps spending in these areas at 25% of a student’s total EFA funding, which means no more than one-fourth of a student’s EFA money can go toward team sports and extracurricular activities. The Department of Education wants to prohibit spending on team and club sports altogether.

Many homeschoolers have also pointed out that completely prohibiting EFA spending on team sports is unfair because public schools fund team sports with state money.

At this time it looks like the State Board of Education will not vote on the EFA restrictions at its February meeting this Thursday. Our office plans to monitor the situation. If the board decides to vote on the rules, we will let Arkansas’ home schoolers know.

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