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Arkansas agency’s rule change on state IDs and gender prompts safety debate and pushback

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Arkansas agency’s rule change on state IDs and gender prompts safety debate and pushback



The emergency rule leaves only a narrow way to change sex on documents, which could itself soon be closed.

An emergency rule mandating that all Arkansas driver’s licenses and state ID cards show the bearer’s sex as it’s recorded on a birth certificate went into effect on Thursday after approval by the Arkansas Legislative Council.

Top officials at the Department of Finance and Administration, which issued the rule, say it accounts for a need for the police to know the sex of people they encounter. They invoked public safety as a core rationale for the policy change.

Transgender rights activists and the ACLU of Arkansas, however, are pushing back. They say the policy would likely lead to sex-based discrimination and threatens the safety and wellbeing of trans and gender non-conforming people in the state.

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A driver’s license, DFA Secretary Jim Hudson told the Arkansas Legislative Council on Thursday, “is a document that law enforcement relies upon, and if law enforcement cannot have confidence [in] information about the person they’re encountering, I do believe that is a public safety issue.”

“There is potential for confusion under the existing policy that we rescinded.”

State Sen. Clarke Tucker, D-Little Rock, disagreed.

“What you all are telling me is ‘we want law enforcement to have the most accurate information possible when they’re presented with a person,’ and to me, there’s no distinction between gender, height and weight on that, which are obviously also objectively verifiable.”

Height and weight on a state ID are self-reported, the same as gender was under the previous policy.

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Hudson and Assistant Commissioner Paul Gehring did not city specific problems with the then-current policy over the 14 years it had been in place, saying that the emergency rule change is proactive.

A ‘dangerous proposition’

Sarah Everett, director of policy at the ACLU of Arkansas, took issue with the idea of requiring IDs to show sex assigned at birth.

“They’re implying a couple of things,” Everett said in a Monday interview. “One is that law enforcement treats people differently based on sex, which is illegal, and that trans people are somehow inherently dangerous.”

U.S. Supreme Court precedent, she said, holds that discrimination based on gender expression is, legally speaking, sex-based discrimination.

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“Obviously there’s no basis,” Everett said, for the idea that police must know a person’s sex assigned at birth.

“It’s just it’s kind of a scary and dangerous proposition that trans people should be required to out themselves to law enforcement and anyone else who needs to see their identification,” she said.

“No officer is going to be confused when a woman hands him a driver’s license that says ‘F.’ But he may be confused and may react questionably at best if a woman hands him a driver’s license that says ‘male.’”

‘Going forward’

Since 2010, Arkansas has allowed ID holders to change the gender shown, without any questions asked, and to use the gender-neutral designation “X” in addition to “male” and female.”

Across the nation, 21 other states and the District of Columbia continue to allow state IDs to be marked “M,” “F” or “X.” The practice is also allowed on U.S. passports.

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From now on, people in Arkansas with a gender marker of “X” on their passport must choose between male or female on their state ID, Gehring said before the Legislative Council on Thursday.

All current licenses and IDs will remain valid until their printed expiration date regardless of the sex marker shown on them.

In Arkansas, there is no option to designate a newborn as intersex on a birth certificate or to later change one’s sex to anything besides male or female.

Gehring said that the previous policy of “no questions asked” changes to sex markers was based on a departmental memo, which was not codified in state law or agency rules.

The change, he said, seeks to ensure that everything on a state ID is based on existing documentation.

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The agency’s primary concern with the rule change was the X designation on a state ID, rather than male or female markers which differ from other documentation. This is because a marker of “X” is not “verifiable,” said Scott Hardin, a representative from the DFA.

But any sex markers that might differ from those on a person’s birth certificate, he said, are inherently unreliable and perhaps even inherently fraudulent.

Hardin said that the agency sees the issue of sex markers on state IDs as a pressing concern but that their emergency rule change was not made in response to existing problems on the ground or calls to action from the public or law enforcement.

The emergency rule, Hardin said, has “a sense of urgency” meant “to ensure nothing does happen going forward… [because] there’s a real possibility that something could happen if we’re not to address this.”

Wide-ranging consequences.

Max Calabotta, the Northwest Arkansas Coordinator at the trans rights advocacy group Intransitive, said that the consequences of a mismatch between a person’s outward appearance and the sex shown on their ID are wide-ranging.

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These can include “being misgendered and denied housing, being misgendered and then being mistreated in the hospital when you’re in crisis, being misgendered by a police officer who has a gun and potentially the power to kill you.”

“I have a beard and I have a deep voice,” he said. “You don’t need to know anything else, none of the rest of how my body works.”

The new rule, he said, means that the only option for people to change the gender marker on their ID would likely cost many thousands of dollars in a complex and difficult process.

Under the new rules, Arkansas state IDs can only show male or female and that must match the sex on the holder’s birth certificate. It isn’t impossible for a transitioning person to change the sex on their birth certificate, but the bar to do so is set very high.

It can be changed by court order only after sex reassignment surgery. “Normally an attorney is needed for this type of action,” notes an explanation on the Arkansas Department of Health’s website.

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The combination of medical bills and legal fees that are pre-requisites for obtaining a driver’s license with a different name or sex means a heavy burden for a bureaucratic process that’s practically free in other places.

Adding to this, transgender and gender non-conforming people are far more likely than the general population to be living below the poverty line, according to data from the University of California-Los Angeles, putting transition therapy, let alone legal counsel, far out of reach.

By contrast, for Calabotta, who was born in New York State and moved to Arkansas as a young child, there were no such hoops for them to jump through when changing the sex on their birth certificate.

“I just had to fill out a form and send them I didn’t have to provide a bunch of proof.”

Everett said that even this less attainable loophole could itself be in danger of further restrictions or even elimination.

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“The only reason we haven’t seen an attack on that yet is because we’re not in a regular legislative session,” she said, noting that there are legislative bills in other states seeking to restrict that process.

Everett said that the ACLU of Arkansas’ policy is not to announce any potential legal action they might take until after filing a complaint, but that they are “looking at our options when it comes to litigation.”

An emergency rule like this only stays in effect for three months. Hardin said the DFA is already in the process of drafting a permanent rule change which will allow for a 30-day public comment period.



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One dead in Lepanto drowning incident

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One dead in Lepanto drowning incident


LEPANTO, Ark. – One person is dead after a reported drowning Thursday evening in Lepanto, located in Poinsett County, according to the Lepanto Fire and Rescue.

The fire department says they were called to a possible drowning in the Rivervale area a little after 6 p.m.

When emergency crews arrived, they began search efforts in the water.

During that time, they say the body of an individual was found.

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“We extend our thoughts, prayers, and deepest condolences to the individual’s family and friends,” the Lepanto Fire Department said.

They also thanked the Poinsett County Sheriff’s Office, Marked Tree Fire Department, Lepanto Police Department, Lepanto Dispatch, Pafford EMS, Arkansas Game and Fish, and Poinsett County Coroner’s Office for assisting in the search and recovery efforts.



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Arkansas men’s track and field celebrates banner season with updated flag | Northwest Arkansas Democrat-Gazette

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Arkansas men’s track and field celebrates banner season with updated flag | Northwest Arkansas Democrat-Gazette


FAYETTEVILLE — The number on the flag at John McDonnell Field increased again Thursday at a celebration of the Arkansas men’s track and field outdoor national championship that was clinched six days earlier in Oregon. 

The latest win was Arkansas’ 44th national championship recognized by the NCAA in men’s track and field and cross country. Outdoor titles won in 2004 and 2005 were vacated as part of NCAA sanctions against the program in 2009. 

When coupled with the nine national championships won by Arkansas’ women, the Razorbacks claim 53 national championships — hence the “53” flag that now flies high above Meadow Street. 

It was the second time in three months the white number was changed on the 10-foot tall by 15-foot wide red flag. The Razorbacks’ men won the NCAA indoor championship in March. 

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“This is becoming a pretty frequent occurrence that we really enjoy,” Arkansas athletics director Hunter Yurachek said in remarks to the assembled crowd. “It’s a great tradition for our track and field program.”

 Arkansas athletics director Hunter Yurachek (left) speaks to the crowd as he stands next to men’s track and field coach Doug Case during a flag raising ceremony Thursday, June 18, 2026, in Fayetteville. (Hank Layton/WholeHogSports)
 

It was the fifth time the flag number was updated since a “47” flag was first raised earlier this decade. The men and women swept the 2023 NCAA indoor meet, and the women won national titles indoors and outdoors in 2024. 

“This flag idea was born out of the fact that when our athletes walk out of their locker rooms, they see what we’re about,” said Chris Bucknam, a two-time indoor national champion coach of the Arkansas men who retired in December. “This is what we strive for. It’s not to show off or anything else, but it’s a message to our men and women athletes. 

“It’s a perfect symbol of honoring the past and the incentive of, ‘Hey, now let’s put 54 up, and 55.’” 

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For Yurachek, a dominant year in track and field validated his decision to elevate Doug Case, an 18-year Arkansas assistant, to the head coaching job when Bucknam retired. 

“I think it was an easy transition when Coach Buck said he was going to retire, to hand the baton over to Doug and let him take this,” Yurachek said. “We knew we had an opportunity to have a really successful year, but as a [new] head coach he still had to make sure he put all the pieces together, both in the indoor and the outdoor.

“He had a plan in place for this program to continue the tradition and the legacy that Coach [John] McDonnell started a long time ago, Coach Bucknam continued and now [Case] is stepping right into that. We hadn’t won an outdoor championship in 23 years, and so for him to be able to put the pieces to that puzzle together this year was amazing.” 

Case, 64, had previous head coaching experience at Drake in the late 1990s and had turned down multiple head coaching opportunities to remain an assistant at Arkansas. 

“He was probably more qualified for a head coaching position than any coach in any sport in the NCAA in 2025-26,” Bucknam said. “I knew it and Hunter was able to see it, thank goodness.” 

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When Arkansas won the NCAA outdoor meet last Friday, Yurachek said his first call was to congratulate Case. His second call was to Bucknam, who oversaw the roster assembly and coached the team in practice for several months before the indoor season began. 

“He was very much a part of this,” Yurachek said. 

photo  Former Arkansas men’s track coach Chris Bucknam acknowledges the crowd during a flag raising ceremony Thursday, June 18, 2026, in Fayetteville. (Hank Layton/WholeHogSports)
 

Bucknam, who still lives in Fayetteville, attended Thursday’s ceremony and received a warm ovation when he was recognized during Yurachek’s remarks to the crowd. But he was quick to deflect credit to Case. 

“He did a masterful job to take over when he took over midstream,” Bucknam said. “I thought we did it the right way and the timing was perfect, but then somebody’s got to execute it, and Doug executed it. There were no guarantees that I would have been able to pull this off, but obviously I’m extremely proud. 

“I was close to the team — my name was probably on everybody’s scholarship papers — but it was Doug’s team and he did a masterful job of navigating the big four championships.” 

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Arkansas went 4-0 at the SEC and NCAA indoor and outdoor meets. That had not happened since the 2005 season when the Razorbacks’ NCAA outdoor title was abdicated.

“It was just fun stepping back and watching something that you were part of, but watching the new generation kick ass like they did,” Bucknam said. 

Arkansas had an NCAA-best 21 entries into the outdoor meet, but the Razorbacks suffered a setback on Day 1 when multiple athletes failed to qualify in the 200 meters and 110 hurdles, including star sprinter Jelani Watkins. The two-sport athlete — Watkins is also a receiver on the Razorbacks’ football team — let up at the end of the 200 and failed to qualify for the finals. Watkins was projected to score points in the final, and perhaps win individual gold. 

“If you watched the meet, you saw it didn’t exactly go our way at the beginning,” Case said. “We were fighting tooth and nail the whole way. Nobody ever quit, nobody laid down, nobody thought we couldn’t do this thing.”

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photo  Arkansas men’s track and field coach Doug Case (left) and members of the Razorbacks’ outdoor team stand with SEC and NCAA trophies during a flag raising ceremony Thursday, June 18, 2026, in Fayetteville. (Hank Layton/WholeHogSports)
 

 

Arkansas scored 56 points and won comfortably without an individual or relay title. Georgia finished in second place with 49 points. 

“We had a great amount of depth on the team,” Case said Monday on the WholeHogSports Daily Podcast. “We were good from the 100 to the 10K. We just qualified so many people into the meet … that we had a little room for error.” 

An estimated 150 to 200 people were in attendance at Thursday’s flag raising, which began at 4 p.m. Bucknam called the workday turnout “great” and “super important” to show support for an Olympic sport.

“These wins couldn’t have come at a better time,” Bucknam said. “As Doug said, we’re just trying to do our part to make Arkansas proud of a program that is national and global. … We’re getting it done on all levels and it’s extremely important that people see the value of what we’re trying to do here.”

 

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End-of-year ATLAS test scores show improvements but most Arkansas students still not proficient | Arkansas Democrat Gazette

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End-of-year ATLAS test scores show improvements but most Arkansas students still not proficient | Arkansas Democrat Gazette


Arkansas students’ end-of-year test scores improved across grade levels and subject areas, state officials said Thurday, but most students still aren’t meeting performance targets.

Results from the Arkansas Teaching and Learning Assessment System exam, known as ATLAS, showed students’ overall proficiency rose from 36.9% in 2025 to 42.2% in 2026, according to an executive summary of the scores.

The number of students performing at the lowest level across all subjects declined from 27.3% in 2025 to 23.1% in 2026, according to the report.

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This is only the third year that Arkansas has used the ATLAS test, limiting direct comparisons to years before 2024. State Education Secretary Jacob Oliva has said the state shifted to ATLAS from its previous end-of-year test, the ACT Aspire, to better align measurement of student performance with Arkansas’ academic standards.

“The 2026 ATLAS exam scores confirm what we’re hearing from educators across the Natural State: Arkansas LEARNS is working and students across Arkansas are doing better because of it,” Gov. Sarah Huckabee Sanders said in a news release.

Sanders’ signature legislative package on education, the LEARNS Act, mandated the state move to a new student test and adopt a new grading system for schools and districts. The state offers grants for districts to administer high-impact tutoring, and students who struggle to read can also qualify for supplemental literacy tutoring.

Under LEARNS, third grade students who don’t read at grade level will be held back, though school districts also may give students good-cause exemptions from the requirement. Early numbers suggest that large numbers of third graders in some districts will be promoted to fourth grade even though they fell short of the literacy standards.

LEARNS also includes the Educational Freedom Account program, which significantly expanded state taxpayer funding of student tuition and other costs related to private schools and homeschooling. Over 44,000 students received an Educational Freedom Account in the 2025-26 school year, the first year participation was open to all K-12 students.

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Participants in the school choice program are not required to take the ATLAS but still must take a national, norm-referenced test each year.

In the 2024-25 school year, Arkansas students showed slight increases in subject mastery overall, with the most notable increases in math and science.

The results come roughly a month after the release of the 2026 Education Scorecard, a cross-state analysis that says schools across the nation — including Arkansas — are in the midst of a “learning recession” that began in 2013. Math and reading performance declined over the past decade in most places, according to that report. Though the longer-term trend is downward nationally, the Education Scorecard says student performance has partly rebounded from the damage done by COVID-19.

As of 2024, Arkansas’ math and reading scores continued to lag national averages on the National Assessment of Educational Progress, a test often called the Nation’s Report Card.

Students who take ATLAS are classified into one of four performance levels, with level four being the highest. Level three indicates mastery of grade-level content, according to the report released Thursday. It describes each level as follows:

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Level 4: Students demonstrate an advanced understanding of the knowledge and skills required of the grade-level standards. These students are on track for career and college, and demonstrate readiness for advanced and accelerated content at the next grade/course.

Level 3: Students demonstrate a proficient understanding of knowledge and skills and show mastery of grade-level standards. These students are on track for career and college, and demonstrate readiness for content at the next grade/course.

Level 2: Students demonstrate a basic understanding of knowledge and skills required of the grade-level standards and personalized support and intervention may be needed to access content taught in the next grade/course.

Level 1: Students demonstrate limited understanding of knowledge and skills required of the grade-level standards and will require significant support/scaffolding and intervention to access content taught at the next grade/course.

Check back for updates.

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With support from the ADG Community Journalism Project, LEARNS reporter Josh Snyder covers the impact of the law on the K-12 education system across the state, and its effect on teachers, students, parents and communities. The Arkansas Democrat-Gazette maintains full editorial control over this article and all other coverage. View all LEARNS Act coverage at arkansasonline.com/learns



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