Browse Arkansas Code titles and sections
6-18-233. School choice for children in foster care — Definition.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-18-233
Source file: gov.ar.code.title.06.odt
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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 school or public school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, rules for standards of accreditation, or other applicable rule or regulation; or
(2)(A) Approving the transfer would conflict with a provision of an enforceable desegregation court order or a public school district's court-approved desegregation plan regarding the effects of past racial segregation in student assignment.
(B) If a public school district claims a conflict under subdivision (c)(2)(A) of this section, the public school district shall immediately submit proof from a federal court to the Division of Elementary and Secondary Education that the public school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan with the provisions of this section.
(d)(1) A request to transfer under subsection (c) of this section shall be:
(A) Made on a form approved by the division; and
(B) Postmarked no later than May 1 of the year in which the student seeks to begin the fall semester at the public school district.
(2)(A) By July 1 of the school year in which the student seeks to transfer under this section, the superintendent of the public school district shall notify the foster parent or the foster child, if the foster child is over eighteen (18) years of age, in writing as to whether the foster child's application has been accepted or rejected.
(B)(i) If the application is rejected, the superintendent of the public school district shall state in the notification letter the reason for rejection.
(ii) If the application is accepted, the superintendent of the public school district shall state in the notification letter a reasonable deadline by which the foster child shall enroll in the public school district and after which the acceptance notification is null.
(e)(1) A foster child whose transfer is rejected by the public school district may request a hearing before the State Board of Education to reconsider the transfer.
(2) A request for a hearing before the state board shall be in writing and shall be postmarked no later than ten (10) days after the foster parent or the foster child, if the foster child is over eighteen (18) years of age, receives a notice of rejection of the transfer.
(3) If the state board overturns the rejection of the transfer on appeal, the state board shall notify the foster parent or the foster child, if the foster child is over eighteen (18) years of age, and public school district of the basis for the state board's decision.
(f) A transfer approved under this section shall remain in effect until the foster child:
(1) Graduates from high school; or
(2) Is approved for another transfer under this section, the Arkansas Opportunity Public School Choice Act, § 6-18-227, the Public School Choice Act of 2015, § 6-18-1901 et seq., or any other law that allows a transfer.
(g) A public school district to which a foster child transfers under this section shall accept credits toward graduation that were awarded by another public school district.
(h)(1) Except as provided in subdivision (h)(3) of this section, the foster child or the foster parent is responsible for the transportation of the foster child to and from the public school to which the foster child transferred under this section.
(2) The public school district may enter into a written agreement with the foster parent or the foster child, if the foster child is over eighteen (18) years of age, to provide the transportation.
(3) Nothing in this subsection affects the obligation of a public school district or child welfare agency to provide a foster child transportation to his or her school of origin under the Every Student Succeeds Act, 20 U.S.C. § 6301 et seq., § 9-28-113, or other law.
(i) For purposes of determining a public school district's state aid, a foster child who transfers under this section shall be counted as a part of the average daily membership of the public school district where the foster child is enrolled.
(j) This section does not affect the right of a foster child to remain in his or her 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, § 6-18-202, § 6-20-504, § 9-28-113, or other law.
(k) The division shall promulgate rules to implement this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 6301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1321
TITLE 20—EDUCATION
§ 6301
Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L.
106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct.
30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114
Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and
is classified to section 6301 et seq. of this title. Certain
titles and parts of titles of the Act are shown, herein,
however, as having been added by Pub. L. 107–110 with-
out reference to such intervening amendments because
of the extensive amendments, renumbering, and reorga-
nization of these provisions by Pub. L. 107–110.
SUBCHAPTER
I—IMPROVING
THE
ACA-
DEMIC
ACHIEVEMENT
OF
THE
DIS-
ADVANTAGED
Editorial Notes
CODIFICATION
Title I of the Elementary and Secondary Education
Act of 1965, comprising this subchapter, was originally
enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat.
27, amended, and subsequently revised, restated, and
amended by other public laws. Title I is shown, herein,
as having been added by Pub. L. 107–110, title I, § 101,
Jan. 8, 2002, 115 Stat. 1439, without reference to earlier
amendments because of the extensive revision of the ti-
tle’s provisions by Pub. L. 107–110. See Codification
note preceding this chapter.
§ 6301. Statement of purpose
The purpose of this subchapter is to provide
all children significant opportunity to receive a
fair, equitable, and high-quality education, and
to close educational achievement gaps.
(Pub. L. 89–10, title I, § 1001, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439;
amended Pub. L. 114–95, title I, § 1001, Dec. 10,
2015, 129 Stat. 1814.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6301, Pub. L. 89–10, title I, § 1001, as
added Pub. L. 103–382, title I, § 101, Oct. 20,
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 6301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requisite features of State plan** In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which—
(1) provides for foster care maintenance payments in accordance with [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), adoption assistance in accordance with [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673&num=0&edition=prelim), and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under division A 11 See References in Text note below. of subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be nece
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 671
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 671. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2359
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 671
1 See References in Text note below.
their efforts to prevent the removal of children from
their families, safely reunify children and parents, fi-
nalize permanency, and ensure that their voices are
heard and their rights are protected. The Secretary
shall also ensure collection of data regarding State use
of Federal funds for this purpose.
(b) Risk and Safety Assessments.
(i) Within 18 months of the date of this order, the
Secretary shall collect States’ individual standards for
conducting risk and safety assessments required under
section 106(b)(2)(B)(iv) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106(b)(2)(B)(iv)) [prob-
ably means 42 U.S.C. 5106a(b)(2)(B)(iv)].
(ii) Within 2 years of the date of this order, the Sec-
retary shall outline reasonable best practice standards
for risk and safety assessments, including how to ad-
dress domestic violence and substance abuse.
SEC. 6. Indian Child Welfare Act. Nothing in this order
shall alter the implementation of the Indian Child Wel-
fare Act [of 1978; 25 U.S.C. 1901 et seq.] or replace the
tribal consultation process.
SEC. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appro-
priations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party aga
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 671
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 671. This identifies an authority to review, not proof of applicability.
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
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. The source passage cites 6-18-202. This identifies an authority to review, not proof of applicability.
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
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.