Opinion No.

Raymond Simon, Director Arkansas Department of Education #4 Capitol Mall Little Rock, AR 72201-1071

Dear Mr. Simon:

I am writing in response to your request for my opinion on several questions you have raised in the wake of my issuing Ark. Op. Att'y Gen. No. 2003-014, in which I opined that, if challenged, A.C.A. § 26-80-204(18)(D) would in all likelihood be declared unconstitutional under the logic of Lake View School District v. Huckabee, 351 Ark. 31,91 S.W.3d 472 (2002). Specifically, you have posed the following questions:

Does Arkansas Code § 26-80-204(18)(B) suffer from the same…