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6-18-1905. Application for a transfer.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-1905. Application for a transfer.
(a) If a student seeks to attend a school in a nonresident district, the student's parent shall submit an application:
(1) To the nonresident district with a copy to the student's resident district;
(2)(A) On a form approved by the Division of Elementary and Secondary Education.
(B) If a student has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, then the student's parent or guardian shall file an application for transfer under this section within fifteen (15) days of the parent's or guardian's arrival on the military base, which shall include without limitation the parent's or guardian's:
(i) Military transfer orders; and
(ii) Proof of residency on the military base; and
(3)(A) Postmarked no later than May 1 of the year in which the student seeks to begin the fall semester at the nonresident district.
(B) However, if a student has a parent or guardian who is an active-duty member of the military, then the student's application for a transfer under this section is not subject to the May 1 deadline under subdivision (a)(3)(A) of this section if the student's parent or legal guardian:
(i) Has been transferred to and resides on a military base; and
(ii) Provides military transfer orders that confirm the date of transfer to the military base.
(b) Both the nonresident district and the resident district shall, upon receipt of the application, place a date and time stamp on the application that reflects the date and time each district received the application.
(c) A nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.
(d) Before
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-1905
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-18-1905
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fa565a26923366145d8b3c7d41c758aa3ce80b0434edb22031dfaf855220be06
Source location: content.xml paragraph 19175
Stored source content
6-18-1905. Application for a transfer.
(a) If a student seeks to attend a school in a nonresident district, the student's parent shall submit an application:
(1) To the nonresident district with a copy to the student's resident district;
(2)(A) On a form approved by the Division of Elementary and Secondary Education.
(B) If a student has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, then the student's parent or guardian shall file an application for transfer under this section within fifteen (15) days of the parent's or guardian's arrival on the military base, which shall include without limitation the parent's or guardian's:
(i) Military transfer orders; and
(ii) Proof of residency on the military base; and
(3)(A) Postmarked no later than May 1 of the year in which the student seeks to begin the fall semester at the nonresident district.
(B) However, if a student has a parent or guardian who is an active-duty member of the military, then the student's application for a transfer under this section is not subject to the May 1 deadline under subdivision (a)(3)(A) of this section if the student's parent or legal guardian:
(i) Has been transferred to and resides on a military base; and
(ii) Provides military transfer orders that confirm the date of transfer to the military base.
(b) Both the nonresident district and the resident district shall, upon receipt of the application, place a date and time stamp on the application that reflects the date and time each district received the application.
(c) A nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.
(d) Before accepting or rejecting an application, a nonresident district shall determine whether:
(1) One (1) of the limitations under § 6-18-1906 applies to the application; and
(2)(A) The resident district has met its numerical net maximum limit on school choice transfers under § 6-18-1906.
(B) The nonresident district shall contact the resident district to determine whether the resident district has met its net maximum limit under subdivision (d)(2)(A) of this section.
(C) In determining whether a resident district has met its net maximum limit on school choice transfers under subdivision (d)(2)(A) of this section, the nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.
(D) If the resident district has met its numerical net maximum limit on school choice transfers, the nonresident district shall issue a rejection of the affected school choice application.
(E)(i) If an applicant under this section has been rejected due to the numerical net maximum limit, then the applicant shall retain priority for a transfer under this subchapter until July 1 and be reconsidered when the resident district is no longer at the numerical net maximum limit.
(ii) The resident district shall promptly notify the nonresident district when it is no longer at its numerical net maximum limit.
(e)(1) Except as provided in subdivision (e)(4) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district under this subchapter, the superintendent of the nonresident district shall notify the parent and the resident district in writing as to whether the student's application has been accepted or rejected.
(2) If the application is rejected, the superintendent of the nonresident district shall state in the notification letter the reason for rejection.
(3) If the application is accepted, the superintendent of the nonresident district shall state in the notification letter a reasonable deadline by which the student shall enroll in the nonresident district and after which the acceptance notification is null.
(4) The July 1 deadline under subdivision (e)(1) of this section does not apply in the case of an application received from a student who has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-1906. Limitations.
(a)(1) If the provisions of this subchapter conflict with a provision of an enforceable desegregation court order or a district's court-approved desegregation plan, either of which explicitly limits the transfer of students between school districts, the provisions of the order or plan shall govern.
(2) Annually by January 1, a school district that claims a conflict under subdivision (a)(1) of this section shall submit proof from a federal court to the Division of Elementary and Secondary Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan that explicitly limits the transfer of students between school districts.
(3) Proof submitted under subdivision (a)(2) of this section shall contain the following:
(A) Documentation that the desegregation order or court-approved desegregation plan is still active and enforceable; and
(B) Documentation showing the specific language the school district believes limits its participation in the school choice provisions of this subchapter.
(4)(A) Within thirty (30) calendar days of receipt of proof under subdivision (a)(2) of this section, the division shall notify the school district whether it is required to participate in the school choice provisions of this subchapter.
(B) The division may reject incomplete submissions.
(C) If the division does not provide a written exemption to the school district, then the school district shall be required to participate in the school choice provisions of this subchapter.
(5) The division shall maintain on its website a list of school districts that are not required to participate in the school choice provisions of this subchapter.
(6) The State Board of Education may revie
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-1906
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-18-1906. This identifies an authority to review, not proof of applicability.