AG Griffin approves ‘Educational Rights’ proposal

A group seeking to pass a constitutional amendment to instill education rights and standards in Arkansas has gained approval from Attorney General Tim Griffin to collect signatures to qualify for the November ballot.

For AR Kids received AG approval on Friday (March 1) for their “Arkansas Educational Rights Amendment of 2024.” The group must collect more than 90,000 signatures from voters and receive approval from the Secretary of State’s office to be on the general election ballot this Fall.

The proposed amendment would require private schools that receive local and state funds to comply with state academic and accreditation standards, including student and school assessments. Failure to do so would result in a loss of state funds. The proposed amendment further defines local and state funds as “any other source of public funds.”

The amendment also would list as a state obligation four services:

– Universal access to early childhood education from age 3 until a student qualifies for kindergarten;

– Universal access to afterschool and summer programs;

– Assistance to children within 200% of the federal poverty line to achieve an adequate education and overcome poverty’s negative impact on education; and

– Supports and services meeting the individual needs of students with disabilities.

Griffin approved the measure with some changes, but also warned that the length of the ballot issue could result in a strong legal challenge.

“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,” he said.

“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,” Griffin added.

You can read his opinion letter here.