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6-18-202. Age and residence for attending public schools — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-202. Age and residence for attending public schools — Definitions.
(a) As used in this section:
(1) “Reside” means to be physically present and to maintain a permanent place of abode for an average of no less than four (4) calendar days and nights per week for a primary purpose other than school attendance;
(2) “Resident” means a student whose parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside in the school district;
(3) “Residential address” means the physical location where the student's parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside; and
(4) “In loco parentis” means relating to the responsibility to undertake the care and control of another person in the absence of:
(A) Supervision by the person's parent or legal guardian; and
(B) Formal legal approval.
(b)(1) The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between five (5) and twenty-one (21) years of age whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district and to all persons between those ages who have been legally transferred to the district for education purposes.
(2) For purposes of this section, a student may use the residential address of a legal guardian, person having legal, lawful control of the student under order of a court, or person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-202
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:6-18-202
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3bbc14e189d9840df99e5ec592ff6dd3aa4fb0fc0c6f15fb8801cb52ff71eb1d
Source location: content.xml paragraph 16694
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6-18-202. Age and residence for attending public schools — Definitions.
(a) As used in this section:
(1) “Reside” means to be physically present and to maintain a permanent place of abode for an average of no less than four (4) calendar days and nights per week for a primary purpose other than school attendance;
(2) “Resident” means a student whose parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside in the school district;
(3) “Residential address” means the physical location where the student's parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside; and
(4) “In loco parentis” means relating to the responsibility to undertake the care and control of another person in the absence of:
(A) Supervision by the person's parent or legal guardian; and
(B) Formal legal approval.
(b)(1) The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between five (5) and twenty-one (21) years of age whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district and to all persons between those ages who have been legally transferred to the district for education purposes.
(2) For purposes of this section, a student may use the residential address of a legal guardian, person having legal, lawful control of the student under order of a court, or person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educational needs or school attendance purposes.
(3) A school district may require a parent, foster parent, legal guardian, person having lawful control of the student, or person standing in loco parentis who enrolls a student in a school district to sign a statement under oath attesting to his or her residential address or to provide other proof that a student is a resident of the school district as defined by this section.
(4) A foster child may remain enrolled in a school district in this state under § 9-28-113 even if the foster home or placement is located outside the boundaries of the school district.
(c) Any person eighteen (18) years of age or older may establish a residence separate and apart from his or her parent, legal guardian, person having lawful control of the person, or person standing in loco parentis for school attendance purposes.
(d) In order for a person under eighteen (18) years of age to establish a residence for the purpose of attending the public schools separate and apart from his or her parent, legal guardian, person having lawful control of the person, or person standing in loco parentis, the person is required to reside in the district for a primary purpose other than that of school attendance.
(e)(1) A school district shall not admit for ten (10) school days or more a student who is not a resident of the school district or is not otherwise entitled by law to attend the school district.
(2)(A) A school district that determines that a student who resides within its boundaries is unlawfully attending another school district shall send written notification to the superintendent of the other school district that the student is unlawfully attending the school district.
(B) The written notification to the superintendent shall include a reasonable description of the location of the residence, including a street address if available, and other information that enables the school district to determine that the student is a resident of the school district.
(3)(A) The school district that receives the notification under subdivision (e)(2) of this section shall immediately investigate and determine which school district the student is required to attend.
(B) The school district conducting the investigation shall:
(i)(a) Complete the investigation within ten (10) business days after receiving the written notice.
(b) The school district conducting the investigation may extend the investigation ten (10) business days in a case that involves five (5) or more students by submitting written notice within the first ten (10) business days of the investigation to the school district that submitted the notification under subdivision (e)(2) of this section;
(ii) Make a determination as to which school district the student is required to attend; and
(iii) Send a written report to the school district that submitted the notification, in writing, of the findings of the investigation and the documentation supporting its determination.
(4) A student who is determined to be unlawfully attending a school not within the student's resident district shall be immediately barred from attending the nonresident school district.
(5)(A) The school district that submitted the notification may within five (5) days after receiving the written report, appeal the decision of the school district that conducted the investigation.
(B) The appeal shall be made to the Division of Elementary and Secondary Education.
(C) The school district that conducted the investigation shall have the burden of proof in proving that the student is entitled to attend its school.
(6)(A) The division shall promulgate rules to establish the procedure for a division hearing officer to investigate the appeal and conduct a hearing.
(B) The division hearing officer may compel disclosure of information from both of the school districts in his or her duties.
(C)(i) The decision of the division hearing officer may be appealed by either school district to the circuit court of the county where the school district that is appealing the decision is located.
(ii) The circuit court shall affirm the decision of the division hearing officer if it is supported by substantial evidence.
(f) Any person who knowingly gives a false residential address for purposes of public school enrollment is guilty of a violation and subject to a fine not to exceed one thousand dollars ($1,000).
(g) This section shall not be construed to restrict a student's ability to participate in a tuition agreement with a nonresident school district or to officially transfer to another school district pursuant to the Public School Choice Act of 2015, § 6-18-1901 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-1901. Title — Legislative findings.
(a) This subchapter shall be known and may be cited as the “Public School Choice Act of 2015”.
(b) The General Assembly finds that:
(1) The students in Arkansas's public schools and their parents will become more informed about and involved in the public educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no right school for every student, and permitting students to choose from among different schools with differing assets will increase the likelihood that some at-risk students will stay in school and that other, more motivated students will find their full academic potential;
(2) 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 because teachers, administrators, and school district board members will have added incentive to satisfy the educational needs of the students who reside in the district; and
(3) These benefits of enhanced quality and effectiveness in our public schools justify permitting a student to apply for admission to a school in any school district beyond the school district in which the student resides, provided that the transfer by the student does not conflict with an enforceable judicial decree or court order remedying the effects of past racial segregation in the school district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-1901
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 6-18-1901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-113. Continuity of educational services to foster children.
(a)(1)(A) It is the intent of the General Assembly that each child in foster care is:
(i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held;
(ii) Assisted so that the child can remain in his or her school of origin;
(iii) Placed in the least restrictive educational placement; and
(iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children.
(B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child.
(2)(A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation:
(i) Educators;
(ii) The Department of Human Services;
(iii) The Division of Elementary and Secondary Education;
(iv) The circuit court presiding over the foster care case;
(v) Providers of services to the foster child;
(vi) Attorneys;
(vii) Court-appointed special advocates; and
(viii) Parents, guardians, or any persons appointed by the court.
(B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child:
(i) Can remain in his or her school of origin whenever possible;
(ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section;
(iii) Can participate in the appropriate educational programs; and
(iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.
(b)(1) A
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-113
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 9-28-113. This identifies an authority to review, not proof of applicability.