Rutledge Summary of Opinions Released: September 9, 2022

Opinion Number: 2022-027 Requestor:  Payton, John Representative

Q1A) Does the definition of “private school” include a private homeschool group that holds classes weekly at a church location as part of their normal curriculum?  Q1B) Is there any such requirement under the definition of “elementary or secondary school” that requires a minimum weekly meeting schedule for a homeschool group to qualify under this code section?  Q2A) Does this definition of “youth center” include seasonal (mostly summer months) church camps where minors (children under the age of 18) are campers who reside overnight for weeks at a time?  Q3) Pursuant to and as documented within Arkansas Code § 5-14-128, is the distance between a registered sex offender’s residence and a neighboring entity, such as the Ranch, properly measured from property line to property line?  Q4) Pursuant to and as documented within Arkansas Code § 5-14-128, does the definition of “youth center” include a church camp?  Q5) Pursuant to Arkansas Code § 5-14-128, is there any specific amount of time that a minor or minors need be present for the registered sex offender to be unable to reside in that particular area?  Q6) Should a registered sex offender be found in violation of Arkansas Code § 5-14-128, what is the time frame in which said registered sex offender may be evicted or removed from the property or area in question?  RESPONSE:  Please review the published opinion for responses to these questions.

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