Sub-350 enrollment waiver OK'd

Lottery scholarship cut fails in Senate; second try planned

Both houses of the Legislature put in a full day’s work Thursday, in spite of the snowfall of the night before. Frank Cusmano, a groundskeeper at the state Capitol, did his part by clearing a path on the front steps.
Both houses of the Legislature put in a full day’s work Thursday, in spite of the snowfall of the night before. Frank Cusmano, a groundskeeper at the state Capitol, did his part by clearing a path on the front steps.

The Arkansas Senate on Thursday sent the governor a bill to allow the state Board of Education to grant waivers to school districts with fewer than 350 students to avoid consolidation with other districts under certain circumstances.

But legislation cutting the size of lottery-financed scholarships for future recipients in the first year of college and changing the eligibility requirements fell one vote short of the 18 required to clear the Senate. The bill's sponsor said he would ask the Senate to approve the bill Monday.

Meanwhile, the House handily approved legislation requiring Arkansas doctors to follow all U.S. Food and Drug Administration regulations when administering abortion-inducing medication.

The Senate's 17-9 vote on senate bill 5 by Sen. Jimmy Hickey, R-Texarkana, fell one vote short of the 18 needed. The Senate later expunged a vote to clear the way for another vote.

Seventeen of the Senate's 23 Republicans voted for the bill, while nine of the chamber's 11 Democrats voted against it; the other eight senators didn't vote.

Hickey said he would ask the Senate to vote on the bill again Monday.

The bill would trim the size of the college scholarships for future recipients in the first year, but increase the scholarships in the second year. Hickey said the legislation is needed to stop the program from temporarily running out of funds in February 2016 and in the future.

Starting in the 2015-2016 academic year, the Arkansas Academic Challenge Scholarship would be reduced from $2,000 to $1,000 for the freshman year at the two- and four-year colleges under the bill.

The scholarship would be increased from $3,000 to $4,000 for the sophomore year at the four-year colleges and increased from $2,000 to $3,000 for the sophomore year at the two-year colleges through the legislation.

Scholarship recipients would receive $4,000 in the junior year and $5,000 as seniors at the four-year universities.

The state spends about $10 million to $11 million a year on the scholarships for freshmen who don't retain their scholarships after the first year, said Harold Criswell, deputy director of the state Department of Higher Education.

SB5 also would change eligibility requirements so future high school graduates would be required to have an ACT score of at least 19 or the equivalent on a comparable college entrance exam.

Under current state law, the graduates are required to have successfully completed the Smart Core curriculum and achieved either a high school grade-point average of at least 2.5 or a minimum score of 19 on the ACT or the equivalent.

Democratic Sens. Linda Chesterfield and Joyce Elliott, both of Little Rock, said that requiring at least a 19 on the ACT without also allowing students who earn at least a 2.5 grade point average in high school to receive the scholarship would mean many black and poor students wouldn't get the aid.

Sen. Blake Johnson, R-Corning, said a 2.5 may mean different things at different schools.

Afterward, Hickey said, "the only thing we are after is just whether the achievement is there."

"The ACT is a standardized test. It is a fair-type test. The way it is set up children can take it multiple, multiple times," he said.

CONSOLIDATION WAIVERS

In a 22-0 vote with 12 senators not voting, the Senate approved House Bill 1263, by Rep. Bruce Cozart, R-Hot Springs, to allow Arkansas school districts with student enrollments that fall below 350 to apply for a waiver to continue to operate independently.

Under Act 60 of 2003, school districts that have fewer than 350 students are required to consolidate.

Under HB1263, school districts that were not in financial, academic or facilities distress where enrollment dropped below 350 could apply for a waiver.

"This bill is long overdue," said Sen. Alan Clark, R-Hot Springs.

Act 60 led to the consolidation of many school districts that didn't need to be merged, closed some top-ranked schools and caused school bus rides of as much as two hours one way, he said.

HB1263 "recognizes that if you have less than 350 -- the magic number -- and you meet the requirements that you can stay open with the permission of the state," Clark said.

Sen. Eddie Joe Williams, R-Cabot, noted that a school district would have to petition the state Board of Education for a waiver.

Gov. Asa Hutchinson will sign HB1263, said Hutchinson spokesman J.R. Davis.

ABORTION

In a 61-to-7 vote, the House sent to the Senate HB1394, by Rep. Charlene Fite, R-Van Buren, to require Arkansas physicians to follow all U.S. Food and Drug Administration regulations when administering abortion-inducing medication.

"We want to make abortion rare and safe, so let's do that for the women of Arkansas. Let's make it as safe as we possibly can," Fite said. "This bill requires the doctor who administered the drug, to report [any] complications to the FDA and to the Arkansas Medical Board within three days. The bill also allows the Arkansas Department of Health to inspect facilities that provide abortion-inducing drugs to make sure all laws and all protocols are followed."

Opponents said the requirement will stop doctors from developing better ways of using or administering the drugs.

"This bill and the protocol it's asking for actually makes abortions more dangerous," said Rep. Deborah Ferguson, D-West Memphis. "The FDA put out the protocol about 20 years ago ... and after 20 years the American Congress of Obstetricians and Gynecologists determined that actually a smaller dose of the medicine is safer. [This] bill would require doctors to give twice the dose of this medicine than the obstetricians think is required."

The legislation comes just a few weeks after the governor signed Senate Bill 53, now Act 139, into law. The law requires a physician to be in the room when abortion-inducing drugs are administered and bans the use of telemedicine in the procedure.

FOREIGN LAW

In a 61-8 vote, the House approved HB1474, by Rep. Brandt Smith, R-Jonesboro, that would reassert the supremacy of American laws in American courts.

The bill does not mention Shariah law -- the legal system predicated upon Islam -- by name, but much of the discussion around the bill in legislative committees has centered on concerns that the foreign-based system could deprive Arkansans of their rights in the future.

The bill goes to the Senate. A similar bill failed to pass the Senate Judiciary Committee last week.

HIGHER EDUCATION OVERHAUL

In a 89-11 vote, the House sent the Senate HB1581, by House Speaker Jeremy Gillam, R-Judsonia, to form a task force to study the realignment of the state's colleges and universities. Gillam said that most states have a more streamlined approach to higher education rather than having so many independently operated public colleges and universities.

He said the 12-member task force would look at ways to reduce costs and, it's hoped, deliver a better educational opportunity to Arkansas students.

HOME-SCHOOLed TEAMS

In a 32-1 vote, the Senate sent to the House SB331 by Sen. Jim Hendren, R-Sulphur Springs, which would require the Arkansas Activities Association to allow a public school team to play a home-schooled team if the home-schooled team complies with certain AAA rules for student athletes.

Home-schoolers may compete in basketball, baseball, softball, soccer and volleyball against a public school under the bill.

But the bill "does not allow" a home-schooled team to participate in a AAA-sanctioned conference; a conference, district, regional or state tournament; or state event. The bill goes to the House.

CELLPHONE LOCATION

In a 32-1 vote, the Senate sent the governor a bill that would require cellphone carriers to immediately release the location of a cellphone to law enforcement agencies an emergency.

The bill is HB1315 by Rep. Rebecca Petty, R-Rogers, who has said it would expedite the relay of lifesaving information from phone companies that could be used in helping locate someone in peril.

MINOR IMMUNITY

The House sent the governor a bill that would give immunity to underage drinkers if they are trying to render aid to someone with alcohol poisoning.

Senate Bill 161, by Sen. Jeremy Hutchinson, R-Little Rock, would protect underage partiers from being charged with minor in possession of alcohol if they were to contact emergency services to help someone who has had too much to drink.

Information for this article was contributed by Spencer Willems of the Arkansas Democrat-Gazette.

Metro on 03/06/2015

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