Instead of being candid, Huckabee tried to confuse the issue by

interjecting information about the Arkansas Academic Challenge

Program, codified at Ark. Code Ann. § 6-82-1001, et seq. (a copy of

which is enclosed). The Academic Challenge Program is based on

being an Arkansas resident and makes no mention of the children of

illegal aliens. In addition, the truth is that Huckabee played no part

in the Academic Challenge Program and that it was enacted with the

passing of Arkansas Act 352 of 1991, becoming law more than four

years before Huckabee began his first time as Arkansas Governor in

1996.

Mr. Huckabee sought to avoid questions about the bill that he was

really asked about, the Access to Postsecondary Education Act of

2005, HB1525. A full copy of that bill is attached. Huckabee can

be viewed promoting HB1525 during his State of the State Address

In sum, a total of five statements made by Huckabee in his response

to one single question were lies.

The lies were (as emphasized below):

(1) “I supported the bill that would’ve allowed those children who

6-82-1001. Legislative findings and declarations of public necessity.

The General Assembly hereby recognizes that taking the proper

course work in high school is essential for success in college.

Arkansas high school students who complete the recommended

precollegiate or technical preparation core curriculum score

significantly higher on standardized preadmissions tests and are

more likely to be successful in college. Because the State of

Arkansas also benefits from the academic success of well-prepared

college students, there is hereby established the Arkansas Academic

Challenge Scholarship Program, a college scholarship plan to

promote academic achievement and encourage academically

prepared Arkansas high school graduates to enroll in the state’s

colleges and universities and to encourage students to enter the field

of teaching for the purpose of teaching in subject matter areas of

critical teacher shortage or in geographical areas of critical teacher

shortage in the state.

History. Acts 1991, No. 352, § 1; 1991, No. 362, § 1; 1993, No.

1170, § 1; 1997, No. 977, § 4; 1999, No. 858, § 11; 2003, No. 1798,

§ 1. 6-82-1005. Eligibility.

(a) Eligibility for the Arkansas Academic Challenge Scholarship

Program shall be based on the criteria set forth in this section as

well as program rules and regulations adopted pursuant to this

subchapter by the Department of Higher Education.

(b) An applicant shall be eligible for an award from this program

if the applicant meets all of these criteria:

(1) The applicant graduated from an Arkansas high school on or

after March 5, 1991;

(2) The applicant has been a resident of the State of Arkansas for

at least twelve (12) months prior to graduation from an Arkansas

high school, and the applicant’s parent or parents or guardian or

guardians have maintained Arkansas residency for the same period

of time;

(3) The applicant is a citizen of the United States or is a permanent

resident alien;

(4) The applicant is accepted for admission at an approved

institution of higher education as a full-time first-time freshman as

defined by the department and enrolls in an approved institution

within twelve (12) months of the applicant’s high school graduation;

(5)(A)(i) Except as provided in subdivision (b)(5)( of this section,

the applicant has successfully completed the core curriculum

established by the State Board of Education and the Arkansas

Higher Education Coordinating Board pursuant to § 6-61-217.

(ii) An applicant who graduates from an Arkansas high school

after December 31, 2001, but before December 1, 2009, and who

meets the provisions of subdivisions (b)(1)-(4) of this section but

who has not completed the core curriculum defined in this

subdivision (b)(5)(A) by the end of the senior year of high school

due to the unavailability of the courses in the applicant’s high school

shall have a grace period of twelve (12) months from the date of

high school graduation in which to make up any course deficiencies

required for program eligibility.

An applicant who graduates from an Arkansas high school after

December 31, 2009, shall have:

(i) Successfully completed the Smart Core Curriculum as

established by the Department of Education; and

(ii)(a) Demonstrated proficiency in the application of knowledge

and skills in reading and writing literacy and mathematics by

passing the end-of-course examinations as may be developed by the

Department of Education and as may be designated by the

Department of Higher Education for this purpose.

(b) “End-of-course” examinations means those examinations

defined in § 6-15-419;

(6)(A) The applicant who graduates from an Arkansas high school

after December 31, 2001, must have achieved the following:

(i) A grade point average of 3.0 on a 4.0 scale in the set of core

curriculum courses if enrolling at an approved four-year institution;

or

(ii) A grade point average of 2.75 on a 4.0 scale in the set of core

curriculum courses if enrolling at an approved two-year institution;

and

(iii)(a) These revised grade point average requirements may be

reduced to no lower than a 2.5 on a 4.0 scale by a rules change by

the Department of Higher Education if it is determined by the

department, based on the most recent evaluation of the program’s

operation, that the change to a 3.0 or 2.75 grade point average on a

4.0 scale would unduly reduce the number of low-income or

disadvantaged students who would therwise be eligible for the

program.

(b) At the Department of Higher Education’s discretion, the

Department of Higher Education may make such a reduction for

admissions to institutions with a high percentage of students

receiving full Pell Grants upon petition to the Department of Higher

Education by the institution.

(The applicant scored nineteen (19) or above on the American

College Test composite or the equivalent as defined by the

Department of Higher Education.

(C)(i) The Department of Higher Education is authorized to

develop selection criteria through program rules and regulations that

combine an applicant’s American College Test or equivalent score

and grade point average in the core curriculum into a selection

index.

(ii) Notwithstanding the provisions of subdivisions (b)(6)(A) and

(b)(6)( of this section, this selection index shall be employed as an

alternative selection process for applicants who achieve a grade

point average above 2.75 if attending an approved two-year

institution or 3.0 if attending a four-year institution on a 4.0 scale in

the set of core curriculum courses defined in subdivision (b)(5)(A)

of this section or for applicants who have an American College Test

composite or equivalent score greater than nineteen (19).

(D)(i) The applicant demonstrates financial need as defined by the

department.

(i) In calculating financial need for applicants who graduate from

an Arkansas high school after December 31, 1998, but before

January 1, 2001, the following criteria shall be used:

(a) An applicant whose family includes one (1) unemancipated

child shall have average family adjusted gross income over the

previous two (2) years not exceeding seventy thousand dollars

($70,000) per year at the time of application to the program;

(b) An applicant whose family includes two (2) unemancipated

children shall have average family adjusted gross income over the

previous two (2) years not exceeding seventy-five thousand dollars

($75,000) per year at the time of application to the program;

(c) An applicant whose family includes three (3) or more

unemancipated children shall have average family adjusted gross

income over the previous two (2) years not exceeding eighty

thousand dollars ($80,000) per year at the time of application to the

program, plus for families with more than three (3) unemancipated

children, an additional five thousand

dollars ($5,000) per year for each additional child;

(d) Any applicant whose family includes more than one (1)

unemancipated child enrolled full time at an approved institution of

higher education shall be entitled to an additional ten thousand

dollars ($10,000) of adjusted gross income for each additional child

when the department calculates financial need; and

(e) If the applicant is an adopted child who was at least twelve

(12) years of age at the time of adoption and if the applicant’s family

includes unemancipated adopted children who were at least twelve

(12) years of age at the time of adoption, the adoptive family shall

be entitled to an additional ten thousand dollars ($10,000) of

adjusted gross income per adopted unemancipated child.

(iii) In calculating financial need for applicants who graduated

from an Arkansas high school after December 31, 2000, but before

December 31, 2004, the following criteria shall be used:

(a) An applicant whose family includes one (1) unemancipated

child shall have average family adjusted gross income over the

previous two (2) years not exceeding fifty thousand dollars

($50,000) per year at the time of application to the program;

(b) An applicant whose family includes two (2) unemancipated

children shall have average family adjusted gross income over the

previous two (2) years not exceeding fifty-five thousand dollars

($55,000) per year at the time of application to the program;

(c) An applicant whose family includes three (3) or more

unemancipated children shall have average family adjusted gross

income over the previous two (2) years not exceeding sixty

thousand dollars ($60,000) per year at the time of application to the

program, plus for families with more than three (3) unemancipated

children an additional five thousand

dollars ($5,000) per year for each additional child; and

(d) Any applicant whose family includes more than one (1)

unemancipated child enrolled full time at an approved institution of

higher education shall be entitled to an additional ten thousand

dollars ($10,000) of adjusted gross income for each additional

unemancipated child enrolled full time at an approved institution of

higher education when the Department of Higher Education

calculates financial need.

(iv) In calculating financial need for applicants who graduate from

an Arkansas high school after December 31, 2006, a Free

Application for Federal Student Aid or a subsequent application

required by the United States Department of Education for federal

financial aid shall be filed by the applicant or other proof of family

income as defined by the Department of Higher Education. The

following criteria shall be used:

(a) An applicant whose family includes one (1) unemancipated

child shall have an average family adjusted gross income over the

previous two (2) years not exceeding sixty-five thousand dollars

($65,000) per year at the time of application to the program;

(b) An applicant whose family includes two (2) unemancipated

children shall have an average family adjusted gross income over

the previous two (2) years not exceeding seventy thousand dollars

($70,000) per year at the time of application to the program;

(c) An applicant whose family includes three (3) or more

unemancipated children shall have an average family adjusted gross

income over the previous two (2) years not exceeding seventy-five

thousand dollars ($75,000) per year at the time of application to the

program, plus for families with more than three (3) unemancipated

children, an additional five thousand dollars ($5,000) per
year for

each additional child; and

(d) Any applicant whose family includes more than one (1)

unemancipated child enrolled full time at an approved institution of

higher education shall be entitled to an additional ten thousand

dollars ($10,000) of adjusted gross income for each additional

unemancipated child enrolled full time at an approved institution of

higher education when the Department of Higher Education

calculates financial need.

(c)(1) The Arkansas Higher Education Coordinating Board shall

have the authority to increase these financial need family income

limitations if sufficient additional funds become available.

(2) Financial need criteria necessary for the selection of recipients,

including those defined as emancipated or independent by federal

student aid regulations, shall be established through rules and

regulations issued by the department.

(d) Recipients of Arkansas Governor’s Distinguished Scholarships

are prohibited from receiving Arkansas Academic Challenge

Scholarships.

(e) As an additional component to the Arkansas Academic

Challenge Scholarship:

(1) Each applicant for the scholarship shall agree that for each

year the scholarship is awarded he or she may volunteer to serve as

a literacy tutor for a minimum of twenty (20) clock hours each

semester in a public school or a faith-based educational institution

serving students in prekindergarten through grade six (PreK-6);

(2) A recipient who agrees to volunteer as a literacy tutor:

(A) Shall complete the prerequisite training in literacy and college

readiness skills provided under § 6-82-1006(d) before he or she

begins tutoring; and

( May receive college credit for the tutoring as determined by the

institution of higher education awarding the scholarship; and

(3) An enrolled college student who participates in the tutorial

program and fails to meet the Arkansas Academic Challenge

Scholarship academic eligibility requirement for the fall or spring

semester shall be given the probationary opportunity during the

subsequent spring or summer term to continue his or her education

and improve academic performance prior to losing scholarship

funding in the subsequent semester.

History. Acts 1991, No. 352, § 4; 1991, No. 362, § 4; 1991, No.

733, §§ 1, 2; 1992 (1st Ex. Sess.), No. 47, §§ 2, 3; 1993, No. 1170, §

3; 1993, No. 1244, §§ 1, 2; 1995, No. 1296, § 38; 1997, No. 977, §

5; 1999, No. 858, §§ 4-9; 2001, No. 1836, § 3; 2005, No. 2011, §§

2, 3; 2005, No. 2197, § 3; 2005, No. 2214, §§ 2, 3; 2007, No. 341, §

2; No. 840, § 1.