Bill Kopsky, executive director of the Arkansas Public Policy Panel, talks about the governor’s proposed education legislation during a rally on Feb. 15, 2023. Groups concerned with public education rallied, on the steps of the State Capitol. (John Sykes/Arkansas Advocate)
Arkansas’ attorney general on Thursday approved for the 2026 ballot a proposed constitutional amendment that would require public and private schools that receive state funds to be held to the same standards.
The constitutional amendment is backed by For AR Kids, a ballot question committee that failed to collect enough signatures to qualify an identical measure for the 2024 ballot. Attorney General Tim Griffin in July certified two other measures for the 2026 ballot that target government transparency and eliminating the sales tax for feminine hygiene products. Those proposals also failed to qualify for the 2024 election.
Griffin rejected For AR Kids’ initial 2026 submission in August because it did not include the full text of the measure as required by law. The committee resubmitted the full proposal last week.
In a five-page opinion filed Thursday, Griffin certified the proposed popular name, and substituted and certified a ballot title for the proposed measure. Griffin also issued some cautionary notes “in light of the significance of the subject matter undertaken and the potential complexity and far-reaching effects” of the proposal.
Arkansas education group resubmits proposed 2026 ballot measure
Griffin noted that historically, long and complex constitutional amendments are susceptible to successful ballot-title challenges. Ambiguity in the measure’s text could lead to a successful court challenge, he said.
“Significant changes in law often have unintended consequences that, if known, would give voters serious ground for reflection,” Griffin wrote. “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.”
With Thursday’s certification, Griffin said supporters of the measure may now begin collecting signatures. Bill Kopsky, For AR Kids treasurer, told the Advocate that the coalition doesn’t plan to launch a campaign to support the proposal for a few more months.
The proposed Arkansas Educational Rights Amendment of 2026 would amend Article 14 of the Arkansas Constitution to require “identical academic standards and identical standards for accreditation including assessments of students and schools based on such standards” for any schools that receive local or state funds.
The ballot measure was prompted by concerns about the LEARNS Act, a 2023 law that made sweeping changes to the state’s education system, including increasing the minimum teacher salary to $50,000 and creating a voucher program that provides state funding for allowable educational expenses, such as private school tuition.
Critics have argued the Educational Freedom Account program is unfair because private schools receiving state funding don’t have to follow the same requirements as their public counterparts, such as admitting all students, providing transportation and administering certain standardized tests.
The LEARNS Act does require private schools to administer approved annual exams for EFA students.
The LEARNS Act has faced a number of lawsuits, including one that argues the voucher program violates a provision of the Arkansas Constitution that prohibits “money or property belonging to the public school fund” from being used for other purposes.
Griffin last week filed an appeal with the Arkansas Supreme Court in response to a judge’s rejection of his motion to dismiss the lawsuit.
In addition to equal standards, the Arkansas Educational Rights Amendment of 2026 would guarantee voluntary universal access to early childhood education for students three years old until they qualify for kindergarten, and after-school and summer programming.
The proposal would also require services for students with disabilities and assistance for children in families within 200% of the Federal Poverty Line ($62,400 for a family of four).
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