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6-18-1906. Limitations.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-18-1906
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2eec25d4bfba2045e89b2e66beb7e7a54d1b104c1271439fc87c3e0117774896
Source location: content.xml paragraph 19210
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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 review a decision of the division upon written petition of the affected school district and may affirm or reverse the decision of the division under the rules promulgated by the state board to implement this subsection.
(b)(1)(A) There is established a numerical net maximum limit on school choice transfers each school year from a school district, less any school choice transfers into the school district, under this section of not more than three percent (3%) of the enrollment that exists in the school district as of October 1 of the immediately preceding school year.
(B) If the application for a transfer that causes the school district to meet or exceed the three-percent numerical net maximum limit under subdivision (b)(1)(A) of this section is on behalf of a sibling group, then the school district shall allow all siblings in the sibling group to exercise school choice under this subchapter.
(C) A student eligible to transfer to a nonresident district under § 6-15-430(c)(1) [repealed], the Arkansas Opportunity Public School Choice Act, § 6-18-227, § 6-18-233, or § 6-21-812 shall not count against the cap of three percent (3%) of the resident or nonresident district.
(2) Annually by December 15, the division shall report to each school district the net maximum number of school choice transfers for the next school year.
(3) If a student is unable to transfer due to the limits under this subsection, the resident district shall give the student priority for a transfer in the first school year in which the district is no longer subject to subdivision (b)(1) of this section in the order that the resident district receives notices of applications under § 6-18-1905, as evidenced by a notation made by the district on the applications indicating date and time of receipt.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-227. Arkansas Opportunity Public School Choice Act.
(a)(1) This section may be referred to and cited as the “Arkansas Opportunity Public School Choice Act”.
(2)(A) The purpose of this section is to provide enhanced opportunity for students in this state to gain the knowledge and skills necessary for postsecondary education, a technical education, or the world of work.
(B) The General Assembly:
(i) Recognizes that the Arkansas Constitution, as interpreted by the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), makes education a paramount duty of the state;
(ii) Finds that the Arkansas Constitution requires the state to provide an adequate education;
(iii) Further finds that a student should not be compelled against the wishes of the parent, guardian, or the student, if the student is over eighteen (18) years of age, to remain in a public school district classified by the State Board of Education as a school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or a public school that has a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules; and
(iv) Shall make available a public school choice option in order to give a student the opportunity to attend a public school or school district not in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or that does not have a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules.
(3) The General Assembly further finds that giving more options to parents and students with respect to where the students attend public school will increase the responsiveness and effectiveness of the state's schools, since teachers, administrators, and school district board members will have added incentives to satisfy the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-227
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 6-18-227. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-233. School choice for children in foster care — Definition.
(a) As used in this section, “foster parent” means the person or entity having custody or charge of a foster child.
(b)(1)(A) A foster parent or the foster child, if the foster child is over eighteen (18) years of age, may request the Department of Human Services to approve the transfer of the foster child to another public school or public school district.
(B) Before making the request under subdivision (b)(1)(A) of this section, the foster parent shall comply with the requirements concerning school of origin under 42 U.S.C. §§ 671 and 675, as they existed on January 1, 2017, the Every Student Succeeds Act, 20 U.S.C. § 6301 et seq., as it existed on January 1, 2017, and § 9-28-113.
(2)(A) The department shall approve the transfer request under subdivision (b)(1) of this section if the department determines that the transfer is in the best interest of the foster child.
(B) In determining whether the transfer is in the best interest of the foster child, the department shall consider whether other children who reside in the foster home attend the public school or public school district to which the foster parent or the foster child, if the foster child is over eighteen (18) years of age, is requesting the foster child to transfer.
(c) If the department approves a request to transfer under subdivision (b)(2) of this section as being in the best interest of the foster child, a public school or public school district, upon request of a foster parent or the foster child, if the foster child is over eighteen (18) years of age, shall allow a foster child to transfer to the public school or public school district unless the public school or public school district demonstrates that:
(1) The public sch
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-233
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 6-18-233. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-21-812. Facilities distress — Student transfers.
(a)(1) Any student attending a public school district classified as being in facilities distress shall automatically be eligible and entitled under the Public School Choice Act of 2015, § 6-18-1901 et seq., to transfer to another school district not in facilities distress during the time period that a district is classified as being in facilities distress.
(2) The student is not required to file a petition to transfer by May 1 but shall meet all other requirements and conditions of the Public School Choice Act of 2015, § 6-18-1901 et seq.
(b) The resident district shall pay the cost of transporting the student from the resident district to the nonresident district.
(c) The nonresident district shall count the student for average daily membership purposes.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-21-812
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 6-21-812. This identifies an authority to review, not proof of applicability.