Ark. Code Ann. § 6-18-202 — AR Code / Title 6 / Chapter 18 / Subchapter 2 / Section 6-18-202
Age and residence for attending public schools - Definitions
Status: in_force

(a) As used in this section: (1) "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; (2) "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; (3) "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; and (4) "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. (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: (A) Whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district; and (B) Who have been legally transferred to the school 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: (A) Student resides at the same residential address; and (B) (i) Guardianship or other legal authority of the student is not granted solely for educational needs or school attendance purposes. (ii) However, subdivision (b)(2)(B)(i) of this section shall not apply to a host family of an international exchange student placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq. (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. (5) For purposes of this section, a dependent of a member of the uniformed services, as defined in § 6-28-104 , who is transferred to the state by official orders is considered a resident in a school district: (A) Before the physical arrival of the dependent of a member of the uniformed services in the school district; and (B) When the member of the uniformed services enrolls the dependent in the public school district as established under § 6-28-108 . (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: (1) Participate in a tuition agreement with a nonresident school district; (2) Officially transfer to another school district pursuant to the Public School Choice Act of 2015, § 6-18-1901 et seq.; or (3) Attend school as an international exchange student placed with a host family by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq. Amended by Act 2023, No. 426,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 426,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1031,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 756,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1511, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1510, eff. 7/1/2019. Amended by Act 2015, No. 1094,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1227,§ 3, eff. 4/16/2013. Acts 1987, No. 466, § 1; 1987, No. 591, § 1; 1989, No. 895, § 1; 1999, No. 391, § 9; 1999, No. 663, § 1; 2005, No. 1994, § 64; 2005, No. 2121, § 6; 2009, No. 1310, §§ 1, 2.

(a) As used in this section: (1) "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; (2) "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; (3) "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; and (4) "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.

(1) "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;

(A) Supervision by the person's parent or legal guardian; and

(B) Formal legal approval;

(2) "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;

(3) "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; and

(4) "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.

(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: (A) Whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district; and (B) Who have been legally transferred to the school 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: (A) Student resides at the same residential address; and (B) (i) Guardianship or other legal authority of the student is not granted solely for educational needs or school attendance purposes. (ii) However, subdivision (b)(2)(B)(i) of this section shall not apply to a host family of an international exchange student placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq. (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. (5) For purposes of this section, a dependent of a member of the uniformed services, as defined in § 6-28-104 , who is transferred to the state by official orders is considered a resident in a school district: (A) Before the physical arrival of the dependent of a member of the uniformed services in the school district; and (B) When the member of the uniformed services enrolls the dependent in the public school district as established under § 6-28-108 .

(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: (A) Whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district; and (B) Who have been legally transferred to the school district for education purposes.

(A) Whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district; and

(B) Who have been legally transferred to the school 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: (A) Student resides at the same residential address; and (B) (i) Guardianship or other legal authority of the student is not granted solely for educational needs or school attendance purposes. (ii) However, subdivision (b)(2)(B)(i) of this section shall not apply to a host family of an international exchange student placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

(A) Student resides at the same residential address; and

(B) (i) Guardianship or other legal authority of the student is not granted solely for educational needs or school attendance purposes. (ii) However, subdivision (b)(2)(B)(i) of this section shall not apply to a host family of an international exchange student placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

(i) Guardianship or other legal authority of the student is not granted solely for educational needs or school attendance purposes.

(ii) However, subdivision (b)(2)(B)(i) of this section shall not apply to a host family of an international exchange student placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

(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.

(5) For purposes of this section, a dependent of a member of the uniformed services, as defined in § 6-28-104 , who is transferred to the state by official orders is considered a resident in a school district: (A) Before the physical arrival of the dependent of a member of the uniformed services in the school district; and (B) When the member of the uniformed services enrolls the dependent in the public school district as established under § 6-28-108 .

(A) Before the physical arrival of the dependent of a member of the uniformed services in the school district; and

(B) When the member of the uniformed services enrolls the dependent in the public school district as established under § 6-28-108 .

(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.

(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.

(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.

(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.

(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;

(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.

(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.

(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.

(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: (1) Participate in a tuition agreement with a nonresident school district; (2) Officially transfer to another school district pursuant to the Public School Choice Act of 2015, § 6-18-1901 et seq.; or (3) Attend school as an international exchange student placed with a host family by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

(1) Participate in a tuition agreement with a nonresident school district;

(2) Officially transfer to another school district pursuant to the Public School Choice Act of 2015, § 6-18-1901 et seq.; or

(3) Attend school as an international exchange student placed with a host family by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

Amended by Act 2023, No. 426,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 426,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1031,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 756,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1511, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1510, eff. 7/1/2019.

Amended by Act 2015, No. 1094,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1227,§ 3, eff. 4/16/2013.

Acts 1987, No. 466, § 1; 1987, No. 591, § 1; 1989, No. 895, § 1; 1999, No. 391, § 9; 1999, No. 663, § 1; 2005, No. 1994, § 64; 2005, No. 2121, § 6; 2009, No. 1310, §§ 1, 2.
Ark. Code Ann. § 6-84-111 — AR Code / Title 6 / Chapter 84 / Section 6-84-111
Funds exempt from tax - Definitions
Status: in_force

(a) (1) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Arkansas Brighter Future Fund Plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall be exempt from Arkansas income taxes. (2) For purposes of this section: (A) "Taxpayer employee" means an employee of an employer with an account established under this chapter; and (B) "Taxpayer employer" means a person that employs an individual with an account established under this chapter. (b) (1) Contributions to a tuition savings account established under this plan may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (2) (A) The deductible contributions shall not exceed five thousand dollars ($5,000) per taxpayer employee in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (b)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) A taxpayer employer may make a matching contribution to the account of a taxpayer employee with an account established under this chapter that does not exceed five hundred dollars ($500) per contributing employee per year. (3) Contributions to this plan that have been deducted from the taxpayer employee's adjusted gross income for prior tax years shall be subject to recapture from the taxpayer employee if the taxpayer employee: (A) Makes a subsequent nonqualified withdrawal from the account; or (B) Rolls the account over to a tax-deferred tuition savings program established by another state or institution under 26 U.S.C. § 529 , as in effect on January 1, 2020. (4) (A) The contribution shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified withdrawal or rollover, to the taxpayer employee's adjusted gross income for the tax year in which the nonqualified withdrawal or rollover occurred. (B) The nonqualified withdrawal or rollover shall be taxable to the taxpayer employee, party, account owner, or designated beneficiary who actually makes the nonqualified withdrawal or rollover. (c) (1) (A) For tax years beginning on or after January 1, 2017, contributions to a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes. (2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (c)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over. (d) (1) (A) For tax years beginning on or after January 1, 2018, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes. (2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (d)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled. (e) (1) (A) For tax years beginning on and after January 1, 2021, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes. (2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (e)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over. (f) (1) Qualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be exempt from Arkansas income tax with respect to the designated beneficiary's income. (2) (A) Nonqualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be subject to Arkansas income tax. (B) The nonqualified withdrawal will be taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal. (g) Any earnings on the contribution that are included in the refund will be subject to Arkansas income tax if an account owner receives a refund of contributions to a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, because of either: (1) The death or disability of the designated beneficiary; or (2) A scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C) , as in effect on January 1, 2018, received by the designated beneficiary. Amended by Act 2021, No. 966,§ 20, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 19, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 18, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 17, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 16, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 15, eff. 7/28/2021. Amended by Act 2018EX2, No. 15,§ 4, eff. for tax years beginning on or after 1/1/2018. Amended by Act 2018EX2, No. 8,§ 4, eff. 1/1/2018. Amended by Act 2017, No. 884,§ 13, eff. 8/1/2017. Amended by Act 2017, No. 883,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 481,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 155,§ 7, eff. for tax years beginning on and after 1/1/2015. Amended by Act 2015, No. 580,§ 11, eff. for tax years beginning on or after January 1, 2014. Acts 1999, No. 996, § 13; 2003, No. 515, § 1; 2003, No. 663, § 1; 2005, No. 1973, § 1; 2007, No. 218, § 7; 2011, No. 787, § 7.

(a) (1) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Arkansas Brighter Future Fund Plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall be exempt from Arkansas income taxes. (2) For purposes of this section: (A) "Taxpayer employee" means an employee of an employer with an account established under this chapter; and (B) "Taxpayer employer" means a person that employs an individual with an account established under this chapter.

(1) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Arkansas Brighter Future Fund Plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall be exempt from Arkansas income taxes.

(2) For purposes of this section: (A) "Taxpayer employee" means an employee of an employer with an account established under this chapter; and (B) "Taxpayer employer" means a person that employs an individual with an account established under this chapter.

(A) "Taxpayer employee" means an employee of an employer with an account established under this chapter; and

(B) "Taxpayer employer" means a person that employs an individual with an account established under this chapter.

(b) (1) Contributions to a tuition savings account established under this plan may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (2) (A) The deductible contributions shall not exceed five thousand dollars ($5,000) per taxpayer employee in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (b)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) A taxpayer employer may make a matching contribution to the account of a taxpayer employee with an account established under this chapter that does not exceed five hundred dollars ($500) per contributing employee per year. (3) Contributions to this plan that have been deducted from the taxpayer employee's adjusted gross income for prior tax years shall be subject to recapture from the taxpayer employee if the taxpayer employee: (A) Makes a subsequent nonqualified withdrawal from the account; or (B) Rolls the account over to a tax-deferred tuition savings program established by another state or institution under 26 U.S.C. § 529 , as in effect on January 1, 2020. (4) (A) The contribution shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified withdrawal or rollover, to the taxpayer employee's adjusted gross income for the tax year in which the nonqualified withdrawal or rollover occurred. (B) The nonqualified withdrawal or rollover shall be taxable to the taxpayer employee, party, account owner, or designated beneficiary who actually makes the nonqualified withdrawal or rollover.

(1) Contributions to a tuition savings account established under this plan may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) .

(2) (A) The deductible contributions shall not exceed five thousand dollars ($5,000) per taxpayer employee in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (b)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) A taxpayer employer may make a matching contribution to the account of a taxpayer employee with an account established under this chapter that does not exceed five hundred dollars ($500) per contributing employee per year.

(A) The deductible contributions shall not exceed five thousand dollars ($5,000) per taxpayer employee in any tax year.

(B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (b)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.

(C) A taxpayer employer may make a matching contribution to the account of a taxpayer employee with an account established under this chapter that does not exceed five hundred dollars ($500) per contributing employee per year.

(3) Contributions to this plan that have been deducted from the taxpayer employee's adjusted gross income for prior tax years shall be subject to recapture from the taxpayer employee if the taxpayer employee: (A) Makes a subsequent nonqualified withdrawal from the account; or (B) Rolls the account over to a tax-deferred tuition savings program established by another state or institution under 26 U.S.C. § 529 , as in effect on January 1, 2020.

(A) Makes a subsequent nonqualified withdrawal from the account; or

(B) Rolls the account over to a tax-deferred tuition savings program established by another state or institution under 26 U.S.C. § 529 , as in effect on January 1, 2020.

(4) (A) The contribution shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified withdrawal or rollover, to the taxpayer employee's adjusted gross income for the tax year in which the nonqualified withdrawal or rollover occurred. (B) The nonqualified withdrawal or rollover shall be taxable to the taxpayer employee, party, account owner, or designated beneficiary who actually makes the nonqualified withdrawal or rollover.

(A) The contribution shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified withdrawal or rollover, to the taxpayer employee's adjusted gross income for the tax year in which the nonqualified withdrawal or rollover occurred.

(B) The nonqualified withdrawal or rollover shall be taxable to the taxpayer employee, party, account owner, or designated beneficiary who actually makes the nonqualified withdrawal or rollover.

(c) (1) (A) For tax years beginning on or after January 1, 2017, contributions to a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes. (2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (c)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over.

(1) (A) For tax years beginning on or after January 1, 2017, contributions to a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.

(A) For tax years beginning on or after January 1, 2017, contributions to a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) .

(B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.

(2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (c)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over.

(A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year.

(B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (c)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.

(C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year.

(D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2017, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over.

(d) (1) (A) For tax years beginning on or after January 1, 2018, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes. (2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (d)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled.

(1) (A) For tax years beginning on or after January 1, 2018, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.

(A) For tax years beginning on or after January 1, 2018, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) .

(B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.

(2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (d)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled.

(A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year.

(B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (d)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.

(C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year.

(D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as it existed on January 1, 2018, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled.

(e) (1) (A) For tax years beginning on and after January 1, 2021, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes. (2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (e)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over.

(1) (A) For tax years beginning on and after January 1, 2021, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) . (B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.

(A) For tax years beginning on and after January 1, 2021, contributions to a tuition savings account established under the plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b) .

(B) A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.

(2) (A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year. (B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (e)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years. (C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year. (D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over.

(A) The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year.

(B) If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (e)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.

(C) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year.

(D) The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled over.

(f) (1) Qualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be exempt from Arkansas income tax with respect to the designated beneficiary's income. (2) (A) Nonqualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be subject to Arkansas income tax. (B) The nonqualified withdrawal will be taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.

(1) Qualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be exempt from Arkansas income tax with respect to the designated beneficiary's income.

(2) (A) Nonqualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be subject to Arkansas income tax. (B) The nonqualified withdrawal will be taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.

(A) Nonqualified withdrawals from a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, will be subject to Arkansas income tax.

(B) The nonqualified withdrawal will be taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.

(g) Any earnings on the contribution that are included in the refund will be subject to Arkansas income tax if an account owner receives a refund of contributions to a tuition savings account established under this plan or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529 , as in effect on January 1, 2020, because of either: (1) The death or disability of the designated beneficiary; or (2) A scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C) , as in effect on January 1, 2018, received by the designated beneficiary.

(1) The death or disability of the designated beneficiary; or

(2) A scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C) , as in effect on January 1, 2018, received by the designated beneficiary.

Amended by Act 2021, No. 966,§ 20, eff. 7/28/2021.

Amended by Act 2021, No. 966,§ 19, eff. 7/28/2021.

Amended by Act 2021, No. 966,§ 18, eff. 7/28/2021.

Amended by Act 2021, No. 966,§ 17, eff. 7/28/2021.

Amended by Act 2021, No. 966,§ 16, eff. 7/28/2021.

Amended by Act 2021, No. 966,§ 15, eff. 7/28/2021.

Amended by Act 2018EX2, No. 15,§ 4, eff. for tax years beginning on or after 1/1/2018.

Amended by Act 2018EX2, No. 8,§ 4, eff. 1/1/2018.

Amended by Act 2017, No. 884,§ 13, eff. 8/1/2017.

Amended by Act 2017, No. 883,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 481,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 155,§ 7, eff. for tax years beginning on and after 1/1/2015.

Amended by Act 2015, No. 580,§ 11, eff. for tax years beginning on or after January 1, 2014.

Acts 1999, No. 996, § 13; 2003, No. 515, § 1; 2003, No. 663, § 1; 2005, No. 1973, § 1; 2007, No. 218, § 7; 2011, No. 787, § 7.
Ark. Code Ann. § 6-18-227 — AR Code / Title 6 / Chapter 18 / Subchapter 2 / Section 6-18-227
Arkansas Opportunity Public School Choice Act - Definitions
Status: in_force

(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 eighteen (18) years of age or older, 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 educational needs of the students who reside in the district. (4) A public school choice program is hereby established to enable a student to transfer, subject to the restrictions in this section, from a: (A) Public school district that is classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 to another public school district in the state that is not classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (B) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules to a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (b) (1) Upon the request of a parent, guardian, or student, if the student is eighteen (18) years of age or older, a student may transfer from his or her resident district or public school to another school district or public school under this section if, at the time of the request under this subdivision (b)(1): (A) Either: (i) The resident public school district has been classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (ii) The resident public school has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, as allowed in subdivision (b)(3)(B)(i) (b) of this section; and (B) Except as provided in subsection (n) of this section, the parent, guardian, or student, if the student is eighteen (18) years of age or older, has notified both the resident and nonresident school districts of the request for a transfer no earlier than January 1 and no later than May 1 of the school year before the school year in which the student intends to transfer. (2) (A) (i) For the purposes of continuity of educational choice, a transfer under this section shall operate as an irrevocable election for each subsequent entire school year and shall remain in force until the student completes high school or the parent, guardian, or student, if the student is eighteen (18) years of age or older, timely makes application under a provision of law governing attendance in or transfer to another public school or school district other than the student's assigned school or resident district. (ii) (a) Except as provided in subsection (n) of this section, a transfer under this section is effective at the beginning of the next academic year. (b) A transfer of a student eligible under subsection (n) of this section is effective immediately upon the nonresident district's written notification of an acceptance. (B) Application for the opportunity public school choice option under this section shall: (i) Be provided by the Division of Elementary and Secondary Education; and (ii) Contain a notice that a transfer under this section: (a) Operates as an irrevocable choice for at least one (1) entire school year; and (b) Remains in effect until the student completes high school, except as otherwise provided by law. (3) (A) For each student enrolled in or assigned to a public school district that is classified by the state board as a public 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, a school district shall: (i) Timely notify the parent, guardian, or student if the student is eighteen (18) years of age or older, as soon as practicable after the designation is made, of all options available under this section; and (ii) (a) Offer the parent, guardian, or student if the student is eighteen (18) years of age or older, an opportunity to submit an application no earlier than January 1 and no later than May 1 to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 - Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (b) The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school. (B) (i) The parent or guardian of a student enrolled in or assigned to a public school district that is classified by the state board as a public 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 may: (a) Apply to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 - Intensive Support under § 6-15-2913 or § 6-15-2915 ; or (b) (1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student. (2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (ii) The school district under subdivision (b)(3)(B)(i) of this section shall accept the student and report the student for purposes of funding under applicable state law. (C) (i) Students with disabilities who are eligible to receive services from the school district under federal or state law, including students receiving additional funding through federal title programs specific to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, and who participate in the public school choice program, remain eligible to receive services from the school district as provided by federal or state law. (ii) Any funding for a student under subdivision (b)(3)(C)(i) of this section shall be transferred to the public school or school district to which the student transfers. (c) (1) (A) The receiving public school or school district under this section may transport students to and from the transferring public school or school district, and the cost of transporting students shall be the responsibility of the transferring public school district except as provided under subdivisions (c)(1)(B) and (c)(2) of this section. (B) A transferring public school or school district is not required to spend more than four hundred dollars ($400) per student per school year for transportation required under subdivision (c)(1)(A) of this section. (2) Upon the transferring public school district's removal from classification as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 or the transferring public school's receipt of a rating other than "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the transportation costs shall no longer be the responsibility of the transferring public school or school district, and the student's transportation and the costs of the transportation shall be the responsibility of the parent or guardian or of the receiving public school district if the receiving public school or school district agrees to bear the transportation costs. (d) (1) (A) A school district board of directors shall offer the opportunity public school choice option to public schools in the school district of the school district board of directors. (B) The opportunity public school choice option shall be offered in addition to other existing choice programs. (2) (A) (i) A school district shall not deny a student the ability to attend a school in the student's school district of choice under this section unless there is a lack of capacity at the school in the student's school district of choice. (ii) A lack of capacity may be claimed by a school district only if: (a) The school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations; and (b) The claim is consistent with state and federal law. (B) A school district receiving transfers under this section shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability. (C) Except as provided in subdivision (b)(1)(B)(ii) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district, the nonresident district shall notify the parent or guardian of the student and the resident district in writing as to whether the student's application has been accepted or rejected. (D) If the parent or guardian of the student has applied to attend a school within the student's resident district, the resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected by July 1. (E) For each application received under subdivision (b)(1)(B)(ii) of this section, the nonresident district or resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected within fifteen (15) calendar days of the application's being received. (3) A student or the student's parent or guardian may appeal a school district's decision to deny admission to a school in the student's school district of choice due to lack of capacity to the state board by postmarking or delivering the appeal within ten (10) days after the student or the student's parent or guardian receives a written notice from the school district of choice that admission has been denied. (4) An applicant shall not request a hearing before the state board if his or her application for a transfer is rejected due to the application not being timely received by both the resident district and nonresident district. (5) The division shall promulgate rules governing the use of school capacity as a basis for denying admission under this section. (e) (1) This section and all student choice options created in this section shall not be subject to any other limitation or restriction provided by law. (2) If any part of this section conflicts with a federal desegregation court order applicable to a school district, the federal desegregation court order shall govern. (f) (1) The division shall develop an annual report on student participation in public school choice and opportunity school choice and deliver the report to the state board, the Governor, the House Committee on Education, the Senate Committee on Education, and the Legislative Council at least sixty (60) days before the convening of the regular session of the General Assembly. (2) The annual report required under subdivision (f)(1) of this section shall include without limitation: (A) The number of public school students participating in: (i) Public school choice under the Public School Choice Act of 2015, § 6-18-1901 et seq.; and (ii) Opportunity public school choice under this section, disaggregated by whether the transfer under this section was from within a public school district or outside a public school district; and (B) Aggregate data of the race and gender of students participating in public school choice and opportunity school choice. (3) Each public school district shall report to the division annually the information necessary to complete the report required under subdivision (f)(1) of this section. (g) (1) A receiving district shall accept credits toward graduation that were awarded by another district. (2) The receiving district shall award a diploma to a nonresident student if the student meets the receiving district's graduation requirements. (h) For purposes of determining a school district's state funding, the nonresident student shall be counted as a part of the average daily membership of the district to which the student has transferred. (i) (1) Unless excused by the receiving school district for illness or other good cause: (A) Any student participating in the opportunity public school choice option shall: (i) Remain in attendance throughout the school year; and (ii) Comply fully with the school's code of conduct; and (B) The parent or guardian of each student participating in the opportunity public school choice option shall comply fully with the receiving public school's parental involvement requirements. (2) A participant who fails to comply with this section shall forfeit the opportunity public school choice option. (j) (1) The maximum opportunity public school choice funds granted for an eligible student shall be calculated based on applicable state law. (2) A public school that provides services to students with disabilities shall receive funding as determined by applicable federal and state law. (k) (1) The state board shall adopt any rules necessary for the implementation of this section under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., including rules pertaining to the consideration of a school district's enrollment capacity. (2) However, the state board shall not establish a numerical net maximum on school choice transfers into or from a public school district, unless required to do so according to an enforceable desegregation court order or a district's court-approved desegregation plan. (l) A district under the public school choice program under this section shall request public service announcements to be made over the broadcast media and in the print media at such times and in such a manner as to inform parents or guardians of students in adjoining districts of the availability of the program under this section, the application deadline, and the requirements and procedure for nonresident students to participate in the program under this section. (m) (1) A student who transfers to another public school or a nonresident school district under this subchapter shall not be: (A) Denied participation in an extracurricular activity at the public school or nonresident school district to which he or she transfers based exclusively on his or her decision to transfer to the public school or nonresident school district; or (B) Disciplined in any manner based exclusively on the exercise of his or her right to transfer to another public school or a nonresident school district under this subchapter. (2) (A) However, a student who transfers to another public school or a nonresident school district under this section shall complete a Changing Schools/Athletic Participation form as defined by the Arkansas Activities Association. (B) A Changing Schools/Athletic Participation form shall be completed and filed with the: (i) Public school or nonresident school district to which the student transfers under this section; and (ii) Arkansas Activities Association. (C) (i) Before a student is eligible to participate in an extracurricular activity at the public school or nonresident school district to which he or she transfers, the Changing Schools/Athletic Participation form submitted by the student as required under subdivision (m)(2)(B) of this section shall be signed by the: (a) Superintendent of the student's resident school district; (b) Superintendent of the nonresident school district to which the student transfers; and (c) Parent, legal guardian, or person standing in loco parentis to the student. (ii) The superintendent of a student's resident school district and the superintendent of the nonresident school district to which a student transfers shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence: (a) Of recruiting by the receiving school district personnel; or (b) The student is transferring to the public school or nonresident school district solely for athletic purposes. (D) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school or nonresident school district under this section and is enrolled in the receiving school district by July 1 before the student enters grades seven through twelve (7-12). (E) (i) Public school district personnel and registered volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., shall not recruit students to the public school at which they are employed or volunteer for athletic purposes. (ii) As used in this section, "recruiting" means the use of undue influence or special inducement by an individual who is connected directly or indirectly with a school that is a member of the Arkansas Activities Association in an attempt to encourage, induce, pressure, urge, or entice a prospective student of any age to transfer to the school or retain a student at the school for the purpose of participating in extracurricular activities. (3) As used in subdivision (m)(1) of this section, "extracurricular activity" means an interschool activity not included in a regular curriculum, including without limitation sports and special interest clubs or groups. (n) (1) A student shall be eligible for enrollment in the public school district of his or her choice if he or she is a dependent of a: (A) Uniformed service member in full-time active-duty status as defined by Title 10, Title 32, Title 33, or Title 42 of the United States Code; (B) Surviving spouse of a uniformed service member; (C) Reserve component uniformed service member during the period six (6) months before until six (6) months after a Title 10, Title 32, Title 42, or state active duty mobilization and service; or (D) Uniformed service veteran who is returning to civilian status at the conclusion of the uniformed service veteran's active duty status. (2) A student eligible for a school transfer under this subsection shall be permitted only one (1) school transfer per academic year. (3) The parent, legal guardian, or person standing in loco parentis to a student eligible for a school transfer under this subsection shall be responsible for the transportation of his or her child to and from a nonresident district. (4) If a student eligible for transfer under this subsection seeks to attend a public school in a nonresident district, the student's parent, legal guardian, or person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, shall submit an application approved by the division to the student's nonresident district and resident district by regular mail, email, or in person, which shall include a copy of the: (A) Identification card of the student's parent, legal guardian, person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, which qualifies the student under this section; and (B) Official orders, assignment notification, or notice of mobilization of the student's parent, legal guardian, or person standing in loco parentis to the student. (5) An application deadline required under this section shall not apply to a student eligible for transfer under this subsection. Amended by Act 2023, No. 790,§ 7, eff. 8/1/2023. Amended by Act 2023, No. 790,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 790,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 790,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 790,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 790,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 790,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 768,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 237,§ 38, eff. 3/8/2023. Amended by Act 2021, No. 490,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 490,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 490,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 490,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 490,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 250, eff. 7/24/2019. Amended by Act 2019, No. 754,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 171,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 171,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1522, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1521, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1520, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1519, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1518, eff. 7/1/2019. Amended by Act 2013, No. 1429,§ 11, eff. 8/16/2013. Amended by Act 2013, No. 1227,§ 4, eff. 4/16/2013. Amended by Act 2013, No. 1138,§ 45, eff. 8/16/2013. Amended by Act 2013, No. 600,§ 12, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 11, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 10, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 9, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 8, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 7, eff. 4/4/2013. Acts 2003 (2nd Ex. Sess.), No. 35, § 7; 2005, No. 2121, § 22; 2011, No. 1124, §§ 1, 2; 2011, No. 1147, § 1.

(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 eighteen (18) years of age or older, 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 educational needs of the students who reside in the district. (4) A public school choice program is hereby established to enable a student to transfer, subject to the restrictions in this section, from a: (A) Public school district that is classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 to another public school district in the state that is not classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (B) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules to a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(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 eighteen (18) years of age or older, 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.

(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 eighteen (18) years of age or older, 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.

(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 eighteen (18) years of age or older, 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 educational needs of the students who reside in the district.

(4) A public school choice program is hereby established to enable a student to transfer, subject to the restrictions in this section, from a: (A) Public school district that is classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 to another public school district in the state that is not classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (B) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules to a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(A) Public school district that is classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 to another public school district in the state that is not classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or

(B) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules to a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(b) (1) Upon the request of a parent, guardian, or student, if the student is eighteen (18) years of age or older, a student may transfer from his or her resident district or public school to another school district or public school under this section if, at the time of the request under this subdivision (b)(1): (A) Either: (i) The resident public school district has been classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (ii) The resident public school has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, as allowed in subdivision (b)(3)(B)(i) (b) of this section; and (B) Except as provided in subsection (n) of this section, the parent, guardian, or student, if the student is eighteen (18) years of age or older, has notified both the resident and nonresident school districts of the request for a transfer no earlier than January 1 and no later than May 1 of the school year before the school year in which the student intends to transfer. (2) (A) (i) For the purposes of continuity of educational choice, a transfer under this section shall operate as an irrevocable election for each subsequent entire school year and shall remain in force until the student completes high school or the parent, guardian, or student, if the student is eighteen (18) years of age or older, timely makes application under a provision of law governing attendance in or transfer to another public school or school district other than the student's assigned school or resident district. (ii) (a) Except as provided in subsection (n) of this section, a transfer under this section is effective at the beginning of the next academic year. (b) A transfer of a student eligible under subsection (n) of this section is effective immediately upon the nonresident district's written notification of an acceptance. (B) Application for the opportunity public school choice option under this section shall: (i) Be provided by the Division of Elementary and Secondary Education; and (ii) Contain a notice that a transfer under this section: (a) Operates as an irrevocable choice for at least one (1) entire school year; and (b) Remains in effect until the student completes high school, except as otherwise provided by law. (3) (A) For each student enrolled in or assigned to a public school district that is classified by the state board as a public 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, a school district shall: (i) Timely notify the parent, guardian, or student if the student is eighteen (18) years of age or older, as soon as practicable after the designation is made, of all options available under this section; and (ii) (a) Offer the parent, guardian, or student if the student is eighteen (18) years of age or older, an opportunity to submit an application no earlier than January 1 and no later than May 1 to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 - Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (b) The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school. (B) (i) The parent or guardian of a student enrolled in or assigned to a public school district that is classified by the state board as a public 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 may: (a) Apply to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 - Intensive Support under § 6-15-2913 or § 6-15-2915 ; or (b) (1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student. (2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (ii) The school district under subdivision (b)(3)(B)(i) of this section shall accept the student and report the student for purposes of funding under applicable state law. (C) (i) Students with disabilities who are eligible to receive services from the school district under federal or state law, including students receiving additional funding through federal title programs specific to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, and who participate in the public school choice program, remain eligible to receive services from the school district as provided by federal or state law. (ii) Any funding for a student under subdivision (b)(3)(C)(i) of this section shall be transferred to the public school or school district to which the student transfers.

(1) Upon the request of a parent, guardian, or student, if the student is eighteen (18) years of age or older, a student may transfer from his or her resident district or public school to another school district or public school under this section if, at the time of the request under this subdivision (b)(1): (A) Either: (i) The resident public school district has been classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (ii) The resident public school has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, as allowed in subdivision (b)(3)(B)(i) (b) of this section; and (B) Except as provided in subsection (n) of this section, the parent, guardian, or student, if the student is eighteen (18) years of age or older, has notified both the resident and nonresident school districts of the request for a transfer no earlier than January 1 and no later than May 1 of the school year before the school year in which the student intends to transfer.

(A) Either: (i) The resident public school district has been classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (ii) The resident public school has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, as allowed in subdivision (b)(3)(B)(i) (b) of this section; and

(i) The resident public school district has been classified by the state board as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or

(ii) The resident public school has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, as allowed in subdivision (b)(3)(B)(i) (b) of this section; and

(B) Except as provided in subsection (n) of this section, the parent, guardian, or student, if the student is eighteen (18) years of age or older, has notified both the resident and nonresident school districts of the request for a transfer no earlier than January 1 and no later than May 1 of the school year before the school year in which the student intends to transfer.

(2) (A) (i) For the purposes of continuity of educational choice, a transfer under this section shall operate as an irrevocable election for each subsequent entire school year and shall remain in force until the student completes high school or the parent, guardian, or student, if the student is eighteen (18) years of age or older, timely makes application under a provision of law governing attendance in or transfer to another public school or school district other than the student's assigned school or resident district. (ii) (a) Except as provided in subsection (n) of this section, a transfer under this section is effective at the beginning of the next academic year. (b) A transfer of a student eligible under subsection (n) of this section is effective immediately upon the nonresident district's written notification of an acceptance. (B) Application for the opportunity public school choice option under this section shall: (i) Be provided by the Division of Elementary and Secondary Education; and (ii) Contain a notice that a transfer under this section: (a) Operates as an irrevocable choice for at least one (1) entire school year; and (b) Remains in effect until the student completes high school, except as otherwise provided by law.

(A) (i) For the purposes of continuity of educational choice, a transfer under this section shall operate as an irrevocable election for each subsequent entire school year and shall remain in force until the student completes high school or the parent, guardian, or student, if the student is eighteen (18) years of age or older, timely makes application under a provision of law governing attendance in or transfer to another public school or school district other than the student's assigned school or resident district. (ii) (a) Except as provided in subsection (n) of this section, a transfer under this section is effective at the beginning of the next academic year. (b) A transfer of a student eligible under subsection (n) of this section is effective immediately upon the nonresident district's written notification of an acceptance.

(i) For the purposes of continuity of educational choice, a transfer under this section shall operate as an irrevocable election for each subsequent entire school year and shall remain in force until the student completes high school or the parent, guardian, or student, if the student is eighteen (18) years of age or older, timely makes application under a provision of law governing attendance in or transfer to another public school or school district other than the student's assigned school or resident district.

(ii) (a) Except as provided in subsection (n) of this section, a transfer under this section is effective at the beginning of the next academic year. (b) A transfer of a student eligible under subsection (n) of this section is effective immediately upon the nonresident district's written notification of an acceptance.

(a) Except as provided in subsection (n) of this section, a transfer under this section is effective at the beginning of the next academic year.

(b) A transfer of a student eligible under subsection (n) of this section is effective immediately upon the nonresident district's written notification of an acceptance.

(B) Application for the opportunity public school choice option under this section shall: (i) Be provided by the Division of Elementary and Secondary Education; and (ii) Contain a notice that a transfer under this section: (a) Operates as an irrevocable choice for at least one (1) entire school year; and (b) Remains in effect until the student completes high school, except as otherwise provided by law.

(i) Be provided by the Division of Elementary and Secondary Education; and

(ii) Contain a notice that a transfer under this section: (a) Operates as an irrevocable choice for at least one (1) entire school year; and (b) Remains in effect until the student completes high school, except as otherwise provided by law.

(a) Operates as an irrevocable choice for at least one (1) entire school year; and

(b) Remains in effect until the student completes high school, except as otherwise provided by law.

(3) (A) For each student enrolled in or assigned to a public school district that is classified by the state board as a public 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, a school district shall: (i) Timely notify the parent, guardian, or student if the student is eighteen (18) years of age or older, as soon as practicable after the designation is made, of all options available under this section; and (ii) (a) Offer the parent, guardian, or student if the student is eighteen (18) years of age or older, an opportunity to submit an application no earlier than January 1 and no later than May 1 to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 - Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (b) The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school. (B) (i) The parent or guardian of a student enrolled in or assigned to a public school district that is classified by the state board as a public 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 may: (a) Apply to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 - Intensive Support under § 6-15-2913 or § 6-15-2915 ; or (b) (1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student. (2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (ii) The school district under subdivision (b)(3)(B)(i) of this section shall accept the student and report the student for purposes of funding under applicable state law. (C) (i) Students with disabilities who are eligible to receive services from the school district under federal or state law, including students receiving additional funding through federal title programs specific to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, and who participate in the public school choice program, remain eligible to receive services from the school district as provided by federal or state law. (ii) Any funding for a student under subdivision (b)(3)(C)(i) of this section shall be transferred to the public school or school district to which the student transfers.

(A) For each student enrolled in or assigned to a public school district that is classified by the state board as a public 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, a school district shall: (i) Timely notify the parent, guardian, or student if the student is eighteen (18) years of age or older, as soon as practicable after the designation is made, of all options available under this section; and (ii) (a) Offer the parent, guardian, or student if the student is eighteen (18) years of age or older, an opportunity to submit an application no earlier than January 1 and no later than May 1 to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 - Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (b) The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school.

(i) Timely notify the parent, guardian, or student if the student is eighteen (18) years of age or older, as soon as practicable after the designation is made, of all options available under this section; and

(ii) (a) Offer the parent, guardian, or student if the student is eighteen (18) years of age or older, an opportunity to submit an application no earlier than January 1 and no later than May 1 to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 - Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (b) The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school.

(a) Offer the parent, guardian, or student if the student is eighteen (18) years of age or older, an opportunity to submit an application no earlier than January 1 and no later than May 1 to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 - Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(b) The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school.

(B) (i) The parent or guardian of a student enrolled in or assigned to a public school district that is classified by the state board as a public 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 may: (a) Apply to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 - Intensive Support under § 6-15-2913 or § 6-15-2915 ; or (b) (1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student. (2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules. (ii) The school district under subdivision (b)(3)(B)(i) of this section shall accept the student and report the student for purposes of funding under applicable state law.

(i) The parent or guardian of a student enrolled in or assigned to a public school district that is classified by the state board as a public 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 may: (a) Apply to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 - Intensive Support under § 6-15-2913 or § 6-15-2915 ; or (b) (1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student. (2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(a) Apply to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 - Intensive Support under § 6-15-2913 or § 6-15-2915 ; or

(b) (1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student. (2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(1) Apply to enroll the student in a public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest the legal residence of the student.

(2) If there is no public school within the resident district that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the student may apply to enroll in a nonresident public school district and, if accepted, be placed in a public school that does not have a rating of "F" under §§ 6-15-2105 and 6-15-2106 and state board rules.

(ii) The school district under subdivision (b)(3)(B)(i) of this section shall accept the student and report the student for purposes of funding under applicable state law.

(C) (i) Students with disabilities who are eligible to receive services from the school district under federal or state law, including students receiving additional funding through federal title programs specific to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, and who participate in the public school choice program, remain eligible to receive services from the school district as provided by federal or state law. (ii) Any funding for a student under subdivision (b)(3)(C)(i) of this section shall be transferred to the public school or school district to which the student transfers.

(i) Students with disabilities who are eligible to receive services from the school district under federal or state law, including students receiving additional funding through federal title programs specific to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, and who participate in the public school choice program, remain eligible to receive services from the school district as provided by federal or state law.

(ii) Any funding for a student under subdivision (b)(3)(C)(i) of this section shall be transferred to the public school or school district to which the student transfers.

(c) (1) (A) The receiving public school or school district under this section may transport students to and from the transferring public school or school district, and the cost of transporting students shall be the responsibility of the transferring public school district except as provided under subdivisions (c)(1)(B) and (c)(2) of this section. (B) A transferring public school or school district is not required to spend more than four hundred dollars ($400) per student per school year for transportation required under subdivision (c)(1)(A) of this section. (2) Upon the transferring public school district's removal from classification as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 or the transferring public school's receipt of a rating other than "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the transportation costs shall no longer be the responsibility of the transferring public school or school district, and the student's transportation and the costs of the transportation shall be the responsibility of the parent or guardian or of the receiving public school district if the receiving public school or school district agrees to bear the transportation costs.

(1) (A) The receiving public school or school district under this section may transport students to and from the transferring public school or school district, and the cost of transporting students shall be the responsibility of the transferring public school district except as provided under subdivisions (c)(1)(B) and (c)(2) of this section. (B) A transferring public school or school district is not required to spend more than four hundred dollars ($400) per student per school year for transportation required under subdivision (c)(1)(A) of this section.

(A) The receiving public school or school district under this section may transport students to and from the transferring public school or school district, and the cost of transporting students shall be the responsibility of the transferring public school district except as provided under subdivisions (c)(1)(B) and (c)(2) of this section.

(B) A transferring public school or school district is not required to spend more than four hundred dollars ($400) per student per school year for transportation required under subdivision (c)(1)(A) of this section.

(2) Upon the transferring public school district's removal from classification as a public school district in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 or the transferring public school's receipt of a rating other than "F" under §§ 6-15-2105 and 6-15-2106 and state board rules, the transportation costs shall no longer be the responsibility of the transferring public school or school district, and the student's transportation and the costs of the transportation shall be the responsibility of the parent or guardian or of the receiving public school district if the receiving public school or school district agrees to bear the transportation costs.

(d) (1) (A) A school district board of directors shall offer the opportunity public school choice option to public schools in the school district of the school district board of directors. (B) The opportunity public school choice option shall be offered in addition to other existing choice programs. (2) (A) (i) A school district shall not deny a student the ability to attend a school in the student's school district of choice under this section unless there is a lack of capacity at the school in the student's school district of choice. (ii) A lack of capacity may be claimed by a school district only if: (a) The school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations; and (b) The claim is consistent with state and federal law. (B) A school district receiving transfers under this section shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability. (C) Except as provided in subdivision (b)(1)(B)(ii) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district, the nonresident district shall notify the parent or guardian of the student and the resident district in writing as to whether the student's application has been accepted or rejected. (D) If the parent or guardian of the student has applied to attend a school within the student's resident district, the resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected by July 1. (E) For each application received under subdivision (b)(1)(B)(ii) of this section, the nonresident district or resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected within fifteen (15) calendar days of the application's being received. (3) A student or the student's parent or guardian may appeal a school district's decision to deny admission to a school in the student's school district of choice due to lack of capacity to the state board by postmarking or delivering the appeal within ten (10) days after the student or the student's parent or guardian receives a written notice from the school district of choice that admission has been denied. (4) An applicant shall not request a hearing before the state board if his or her application for a transfer is rejected due to the application not being timely received by both the resident district and nonresident district. (5) The division shall promulgate rules governing the use of school capacity as a basis for denying admission under this section.

(1) (A) A school district board of directors shall offer the opportunity public school choice option to public schools in the school district of the school district board of directors. (B) The opportunity public school choice option shall be offered in addition to other existing choice programs.

(A) A school district board of directors shall offer the opportunity public school choice option to public schools in the school district of the school district board of directors.

(B) The opportunity public school choice option shall be offered in addition to other existing choice programs.

(2) (A) (i) A school district shall not deny a student the ability to attend a school in the student's school district of choice under this section unless there is a lack of capacity at the school in the student's school district of choice. (ii) A lack of capacity may be claimed by a school district only if: (a) The school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations; and (b) The claim is consistent with state and federal law. (B) A school district receiving transfers under this section shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability. (C) Except as provided in subdivision (b)(1)(B)(ii) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district, the nonresident district shall notify the parent or guardian of the student and the resident district in writing as to whether the student's application has been accepted or rejected. (D) If the parent or guardian of the student has applied to attend a school within the student's resident district, the resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected by July 1. (E) For each application received under subdivision (b)(1)(B)(ii) of this section, the nonresident district or resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected within fifteen (15) calendar days of the application's being received.

(A) (i) A school district shall not deny a student the ability to attend a school in the student's school district of choice under this section unless there is a lack of capacity at the school in the student's school district of choice. (ii) A lack of capacity may be claimed by a school district only if: (a) The school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations; and (b) The claim is consistent with state and federal law.

(i) A school district shall not deny a student the ability to attend a school in the student's school district of choice under this section unless there is a lack of capacity at the school in the student's school district of choice.

(ii) A lack of capacity may be claimed by a school district only if: (a) The school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations; and (b) The claim is consistent with state and federal law.

(a) The school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations; and

(b) The claim is consistent with state and federal law.

(B) A school district receiving transfers under this section shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability.

(C) Except as provided in subdivision (b)(1)(B)(ii) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district, the nonresident district shall notify the parent or guardian of the student and the resident district in writing as to whether the student's application has been accepted or rejected.

(D) If the parent or guardian of the student has applied to attend a school within the student's resident district, the resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected by July 1.

(E) For each application received under subdivision (b)(1)(B)(ii) of this section, the nonresident district or resident district shall notify the parent or guardian of the student in writing as to whether the student's application has been accepted or rejected within fifteen (15) calendar days of the application's being received.

(3) A student or the student's parent or guardian may appeal a school district's decision to deny admission to a school in the student's school district of choice due to lack of capacity to the state board by postmarking or delivering the appeal within ten (10) days after the student or the student's parent or guardian receives a written notice from the school district of choice that admission has been denied.

(4) An applicant shall not request a hearing before the state board if his or her application for a transfer is rejected due to the application not being timely received by both the resident district and nonresident district.

(5) The division shall promulgate rules governing the use of school capacity as a basis for denying admission under this section.

(e) (1) This section and all student choice options created in this section shall not be subject to any other limitation or restriction provided by law. (2) If any part of this section conflicts with a federal desegregation court order applicable to a school district, the federal desegregation court order shall govern.

(1) This section and all student choice options created in this section shall not be subject to any other limitation or restriction provided by law.

(2) If any part of this section conflicts with a federal desegregation court order applicable to a school district, the federal desegregation court order shall govern.

(f) (1) The division shall develop an annual report on student participation in public school choice and opportunity school choice and deliver the report to the state board, the Governor, the House Committee on Education, the Senate Committee on Education, and the Legislative Council at least sixty (60) days before the convening of the regular session of the General Assembly. (2) The annual report required under subdivision (f)(1) of this section shall include without limitation: (A) The number of public school students participating in: (i) Public school choice under the Public School Choice Act of 2015, § 6-18-1901 et seq.; and (ii) Opportunity public school choice under this section, disaggregated by whether the transfer under this section was from within a public school district or outside a public school district; and (B) Aggregate data of the race and gender of students participating in public school choice and opportunity school choice. (3) Each public school district shall report to the division annually the information necessary to complete the report required under subdivision (f)(1) of this section.

(1) The division shall develop an annual report on student participation in public school choice and opportunity school choice and deliver the report to the state board, the Governor, the House Committee on Education, the Senate Committee on Education, and the Legislative Council at least sixty (60) days before the convening of the regular session of the General Assembly.

(2) The annual report required under subdivision (f)(1) of this section shall include without limitation: (A) The number of public school students participating in: (i) Public school choice under the Public School Choice Act of 2015, § 6-18-1901 et seq.; and (ii) Opportunity public school choice under this section, disaggregated by whether the transfer under this section was from within a public school district or outside a public school district; and (B) Aggregate data of the race and gender of students participating in public school choice and opportunity school choice.

(A) The number of public school students participating in: (i) Public school choice under the Public School Choice Act of 2015, § 6-18-1901 et seq.; and (ii) Opportunity public school choice under this section, disaggregated by whether the transfer under this section was from within a public school district or outside a public school district; and

(i) Public school choice under the Public School Choice Act of 2015, § 6-18-1901 et seq.; and

(ii) Opportunity public school choice under this section, disaggregated by whether the transfer under this section was from within a public school district or outside a public school district; and

(B) Aggregate data of the race and gender of students participating in public school choice and opportunity school choice.

(3) Each public school district shall report to the division annually the information necessary to complete the report required under subdivision (f)(1) of this section.

(g) (1) A receiving district shall accept credits toward graduation that were awarded by another district. (2) The receiving district shall award a diploma to a nonresident student if the student meets the receiving district's graduation requirements.

(1) A receiving district shall accept credits toward graduation that were awarded by another district.

(2) The receiving district shall award a diploma to a nonresident student if the student meets the receiving district's graduation requirements.

(h) For purposes of determining a school district's state funding, the nonresident student shall be counted as a part of the average daily membership of the district to which the student has transferred.

(i) (1) Unless excused by the receiving school district for illness or other good cause: (A) Any student participating in the opportunity public school choice option shall: (i) Remain in attendance throughout the school year; and (ii) Comply fully with the school's code of conduct; and (B) The parent or guardian of each student participating in the opportunity public school choice option shall comply fully with the receiving public school's parental involvement requirements. (2) A participant who fails to comply with this section shall forfeit the opportunity public school choice option.

(1) Unless excused by the receiving school district for illness or other good cause: (A) Any student participating in the opportunity public school choice option shall: (i) Remain in attendance throughout the school year; and (ii) Comply fully with the school's code of conduct; and (B) The parent or guardian of each student participating in the opportunity public school choice option shall comply fully with the receiving public school's parental involvement requirements.

(A) Any student participating in the opportunity public school choice option shall: (i) Remain in attendance throughout the school year; and (ii) Comply fully with the school's code of conduct; and

(i) Remain in attendance throughout the school year; and

(ii) Comply fully with the school's code of conduct; and

(B) The parent or guardian of each student participating in the opportunity public school choice option shall comply fully with the receiving public school's parental involvement requirements.

(2) A participant who fails to comply with this section shall forfeit the opportunity public school choice option.

(j) (1) The maximum opportunity public school choice funds granted for an eligible student shall be calculated based on applicable state law. (2) A public school that provides services to students with disabilities shall receive funding as determined by applicable federal and state law.

(1) The maximum opportunity public school choice funds granted for an eligible student shall be calculated based on applicable state law.

(2) A public school that provides services to students with disabilities shall receive funding as determined by applicable federal and state law.

(k) (1) The state board shall adopt any rules necessary for the implementation of this section under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., including rules pertaining to the consideration of a school district's enrollment capacity. (2) However, the state board shall not establish a numerical net maximum on school choice transfers into or from a public school district, unless required to do so according to an enforceable desegregation court order or a district's court-approved desegregation plan.

(1) The state board shall adopt any rules necessary for the implementation of this section under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., including rules pertaining to the consideration of a school district's enrollment capacity.

(2) However, the state board shall not establish a numerical net maximum on school choice transfers into or from a public school district, unless required to do so according to an enforceable desegregation court order or a district's court-approved desegregation plan.

(l) A district under the public school choice program under this section shall request public service announcements to be made over the broadcast media and in the print media at such times and in such a manner as to inform parents or guardians of students in adjoining districts of the availability of the program under this section, the application deadline, and the requirements and procedure for nonresident students to participate in the program under this section.

(m) (1) A student who transfers to another public school or a nonresident school district under this subchapter shall not be: (A) Denied participation in an extracurricular activity at the public school or nonresident school district to which he or she transfers based exclusively on his or her decision to transfer to the public school or nonresident school district; or (B) Disciplined in any manner based exclusively on the exercise of his or her right to transfer to another public school or a nonresident school district under this subchapter. (2) (A) However, a student who transfers to another public school or a nonresident school district under this section shall complete a Changing Schools/Athletic Participation form as defined by the Arkansas Activities Association. (B) A Changing Schools/Athletic Participation form shall be completed and filed with the: (i) Public school or nonresident school district to which the student transfers under this section; and (ii) Arkansas Activities Association. (C) (i) Before a student is eligible to participate in an extracurricular activity at the public school or nonresident school district to which he or she transfers, the Changing Schools/Athletic Participation form submitted by the student as required under subdivision (m)(2)(B) of this section shall be signed by the: (a) Superintendent of the student's resident school district; (b) Superintendent of the nonresident school district to which the student transfers; and (c) Parent, legal guardian, or person standing in loco parentis to the student. (ii) The superintendent of a student's resident school district and the superintendent of the nonresident school district to which a student transfers shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence: (a) Of recruiting by the receiving school district personnel; or (b) The student is transferring to the public school or nonresident school district solely for athletic purposes. (D) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school or nonresident school district under this section and is enrolled in the receiving school district by July 1 before the student enters grades seven through twelve (7-12). (E) (i) Public school district personnel and registered volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., shall not recruit students to the public school at which they are employed or volunteer for athletic purposes. (ii) As used in this section, "recruiting" means the use of undue influence or special inducement by an individual who is connected directly or indirectly with a school that is a member of the Arkansas Activities Association in an attempt to encourage, induce, pressure, urge, or entice a prospective student of any age to transfer to the school or retain a student at the school for the purpose of participating in extracurricular activities. (3) As used in subdivision (m)(1) of this section, "extracurricular activity" means an interschool activity not included in a regular curriculum, including without limitation sports and special interest clubs or groups.

(1) A student who transfers to another public school or a nonresident school district under this subchapter shall not be: (A) Denied participation in an extracurricular activity at the public school or nonresident school district to which he or she transfers based exclusively on his or her decision to transfer to the public school or nonresident school district; or (B) Disciplined in any manner based exclusively on the exercise of his or her right to transfer to another public school or a nonresident school district under this subchapter.

(A) Denied participation in an extracurricular activity at the public school or nonresident school district to which he or she transfers based exclusively on his or her decision to transfer to the public school or nonresident school district; or

(B) Disciplined in any manner based exclusively on the exercise of his or her right to transfer to another public school or a nonresident school district under this subchapter.

(2) (A) However, a student who transfers to another public school or a nonresident school district under this section shall complete a Changing Schools/Athletic Participation form as defined by the Arkansas Activities Association. (B) A Changing Schools/Athletic Participation form shall be completed and filed with the: (i) Public school or nonresident school district to which the student transfers under this section; and (ii) Arkansas Activities Association. (C) (i) Before a student is eligible to participate in an extracurricular activity at the public school or nonresident school district to which he or she transfers, the Changing Schools/Athletic Participation form submitted by the student as required under subdivision (m)(2)(B) of this section shall be signed by the: (a) Superintendent of the student's resident school district; (b) Superintendent of the nonresident school district to which the student transfers; and (c) Parent, legal guardian, or person standing in loco parentis to the student. (ii) The superintendent of a student's resident school district and the superintendent of the nonresident school district to which a student transfers shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence: (a) Of recruiting by the receiving school district personnel; or (b) The student is transferring to the public school or nonresident school district solely for athletic purposes. (D) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school or nonresident school district under this section and is enrolled in the receiving school district by July 1 before the student enters grades seven through twelve (7-12). (E) (i) Public school district personnel and registered volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., shall not recruit students to the public school at which they are employed or volunteer for athletic purposes. (ii) As used in this section, "recruiting" means the use of undue influence or special inducement by an individual who is connected directly or indirectly with a school that is a member of the Arkansas Activities Association in an attempt to encourage, induce, pressure, urge, or entice a prospective student of any age to transfer to the school or retain a student at the school for the purpose of participating in extracurricular activities.

(A) However, a student who transfers to another public school or a nonresident school district under this section shall complete a Changing Schools/Athletic Participation form as defined by the Arkansas Activities Association.

(B) A Changing Schools/Athletic Participation form shall be completed and filed with the: (i) Public school or nonresident school district to which the student transfers under this section; and (ii) Arkansas Activities Association.

(i) Public school or nonresident school district to which the student transfers under this section; and

(ii) Arkansas Activities Association.

(C) (i) Before a student is eligible to participate in an extracurricular activity at the public school or nonresident school district to which he or she transfers, the Changing Schools/Athletic Participation form submitted by the student as required under subdivision (m)(2)(B) of this section shall be signed by the: (a) Superintendent of the student's resident school district; (b) Superintendent of the nonresident school district to which the student transfers; and (c) Parent, legal guardian, or person standing in loco parentis to the student. (ii) The superintendent of a student's resident school district and the superintendent of the nonresident school district to which a student transfers shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence: (a) Of recruiting by the receiving school district personnel; or (b) The student is transferring to the public school or nonresident school district solely for athletic purposes.

(i) Before a student is eligible to participate in an extracurricular activity at the public school or nonresident school district to which he or she transfers, the Changing Schools/Athletic Participation form submitted by the student as required under subdivision (m)(2)(B) of this section shall be signed by the: (a) Superintendent of the student's resident school district; (b) Superintendent of the nonresident school district to which the student transfers; and (c) Parent, legal guardian, or person standing in loco parentis to the student.

(a) Superintendent of the student's resident school district;

(b) Superintendent of the nonresident school district to which the student transfers; and

(c) Parent, legal guardian, or person standing in loco parentis to the student.

(ii) The superintendent of a student's resident school district and the superintendent of the nonresident school district to which a student transfers shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence: (a) Of recruiting by the receiving school district personnel; or (b) The student is transferring to the public school or nonresident school district solely for athletic purposes.

(a) Of recruiting by the receiving school district personnel; or

(b) The student is transferring to the public school or nonresident school district solely for athletic purposes.

(D) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school or nonresident school district under this section and is enrolled in the receiving school district by July 1 before the student enters grades seven through twelve (7-12).

(E) (i) Public school district personnel and registered volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., shall not recruit students to the public school at which they are employed or volunteer for athletic purposes. (ii) As used in this section, "recruiting" means the use of undue influence or special inducement by an individual who is connected directly or indirectly with a school that is a member of the Arkansas Activities Association in an attempt to encourage, induce, pressure, urge, or entice a prospective student of any age to transfer to the school or retain a student at the school for the purpose of participating in extracurricular activities.

(i) Public school district personnel and registered volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., shall not recruit students to the public school at which they are employed or volunteer for athletic purposes.

(ii) As used in this section, "recruiting" means the use of undue influence or special inducement by an individual who is connected directly or indirectly with a school that is a member of the Arkansas Activities Association in an attempt to encourage, induce, pressure, urge, or entice a prospective student of any age to transfer to the school or retain a student at the school for the purpose of participating in extracurricular activities.

(3) As used in subdivision (m)(1) of this section, "extracurricular activity" means an interschool activity not included in a regular curriculum, including without limitation sports and special interest clubs or groups.

(n) (1) A student shall be eligible for enrollment in the public school district of his or her choice if he or she is a dependent of a: (A) Uniformed service member in full-time active-duty status as defined by Title 10, Title 32, Title 33, or Title 42 of the United States Code; (B) Surviving spouse of a uniformed service member; (C) Reserve component uniformed service member during the period six (6) months before until six (6) months after a Title 10, Title 32, Title 42, or state active duty mobilization and service; or (D) Uniformed service veteran who is returning to civilian status at the conclusion of the uniformed service veteran's active duty status. (2) A student eligible for a school transfer under this subsection shall be permitted only one (1) school transfer per academic year. (3) The parent, legal guardian, or person standing in loco parentis to a student eligible for a school transfer under this subsection shall be responsible for the transportation of his or her child to and from a nonresident district. (4) If a student eligible for transfer under this subsection seeks to attend a public school in a nonresident district, the student's parent, legal guardian, or person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, shall submit an application approved by the division to the student's nonresident district and resident district by regular mail, email, or in person, which shall include a copy of the: (A) Identification card of the student's parent, legal guardian, person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, which qualifies the student under this section; and (B) Official orders, assignment notification, or notice of mobilization of the student's parent, legal guardian, or person standing in loco parentis to the student. (5) An application deadline required under this section shall not apply to a student eligible for transfer under this subsection.

(1) A student shall be eligible for enrollment in the public school district of his or her choice if he or she is a dependent of a: (A) Uniformed service member in full-time active-duty status as defined by Title 10, Title 32, Title 33, or Title 42 of the United States Code; (B) Surviving spouse of a uniformed service member; (C) Reserve component uniformed service member during the period six (6) months before until six (6) months after a Title 10, Title 32, Title 42, or state active duty mobilization and service; or (D) Uniformed service veteran who is returning to civilian status at the conclusion of the uniformed service veteran's active duty status.

(A) Uniformed service member in full-time active-duty status as defined by Title 10, Title 32, Title 33, or Title 42 of the United States Code;

(B) Surviving spouse of a uniformed service member;

(C) Reserve component uniformed service member during the period six (6) months before until six (6) months after a Title 10, Title 32, Title 42, or state active duty mobilization and service; or

(D) Uniformed service veteran who is returning to civilian status at the conclusion of the uniformed service veteran's active duty status.

(2) A student eligible for a school transfer under this subsection shall be permitted only one (1) school transfer per academic year.

(3) The parent, legal guardian, or person standing in loco parentis to a student eligible for a school transfer under this subsection shall be responsible for the transportation of his or her child to and from a nonresident district.

(4) If a student eligible for transfer under this subsection seeks to attend a public school in a nonresident district, the student's parent, legal guardian, or person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, shall submit an application approved by the division to the student's nonresident district and resident district by regular mail, email, or in person, which shall include a copy of the: (A) Identification card of the student's parent, legal guardian, person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, which qualifies the student under this section; and (B) Official orders, assignment notification, or notice of mobilization of the student's parent, legal guardian, or person standing in loco parentis to the student.

(A) Identification card of the student's parent, legal guardian, person standing in loco parentis to the student, or the student if the student is eighteen (18) years of age or older, which qualifies the student under this section; and

(B) Official orders, assignment notification, or notice of mobilization of the student's parent, legal guardian, or person standing in loco parentis to the student.

(5) An application deadline required under this section shall not apply to a student eligible for transfer under this subsection.

Amended by Act 2023, No. 790,§ 7, eff. 8/1/2023.

Amended by Act 2023, No. 790,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 790,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 790,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 790,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 790,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 790,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 768,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 237,§ 38, eff. 3/8/2023.

Amended by Act 2021, No. 490,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 490,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 490,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 490,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 490,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 250, eff. 7/24/2019.

Amended by Act 2019, No. 754,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 171,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 171,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1522, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1521, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1520, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1519, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1518, eff. 7/1/2019.

Amended by Act 2013, No. 1429,§ 11, eff. 8/16/2013.

Amended by Act 2013, No. 1227,§ 4, eff. 4/16/2013.

Amended by Act 2013, No. 1138,§ 45, eff. 8/16/2013.

Amended by Act 2013, No. 600,§ 12, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 11, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 10, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 9, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 8, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 7, eff. 4/4/2013.

Acts 2003 (2nd Ex. Sess.), No. 35, § 7; 2005, No. 2121, § 22; 2011, No. 1124, §§ 1, 2; 2011, No. 1147, § 1.
Ark. Code Ann. § 6-23-903 — AR Code / Title 6 / Chapter 23 / Subchapter 9 / Section 6-23-903
Purpose of loan
Status: in_force

An open-enrollment public charter school may borrow and the Division of Public School Academic Facilities and Transportation may lend money from the Open-Enrollment Public Charter School Facilities Loan Fund for: (1) The construction, lease, or purchase of an academic facility; (2) The repair, improvement, or addition to an academic facility; or (3) Credit enhancement for financing academic facility projects under subdivision (1) or subdivision (2) of this section. Added by Act 2013, No. 1255,§ 1, eff. 8/16/2013.

An open-enrollment public charter school may borrow and the Division of Public School Academic Facilities and Transportation may lend money from the Open-Enrollment Public Charter School Facilities Loan Fund for:

(1) The construction, lease, or purchase of an academic facility;

(2) The repair, improvement, or addition to an academic facility; or

(3) Credit enhancement for financing academic facility projects under subdivision (1) or subdivision (2) of this section.

Added by Act 2013, No. 1255,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 6-20-506 — AR Code / Title 6 / Chapter 20 / Subchapter 5 / Section 6-20-506
Children with disabilities - Approval or rejection of request
Status: in_force

(a) Within thirty (30) days after receiving a request for payment from the receiving district, the school district board of directors of the district to which the request is made shall review and either: (1) Approve the request and make payment in behalf of the education of the child to the receiving district in the manner requested or as may be mutually agreed to by the districts; or (2) If the school district board of directors rejects the request or rejects any of the terms thereof, the action shall be transmitted in writing to the district making the request within five (5) days after the action is taken, setting forth the reasons for rejecting the request or outlining the objections to or modifications proposed therein. (b) The request for funds filed by the receiving district with the sending district shall seek payments that shall not exceed, unless the school districts shall mutually agree otherwise, the pro rata amount of state funds received per child for each category of state funds received by the school district, as the funds relate to the total number of students in attendance in the school district for which the funds were received. (c) (1) The amount of local funds to be remitted shall not exceed the pro rata amount per child of local operating funds as defined in this subchapter which are received by the school district from the sending district for property taxes for the school year, as these funds relate to the total number of school-age children in average daily attendance in the school district for the school year. (2) The amount of federal funds to be remitted shall be the pro rata amount per child of federal funds as defined in this subchapter that are received for the category of all students eligible to receive federal funds who are within the same classification or category of the child with disabilities for which payment is sought. Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13.

(a) Within thirty (30) days after receiving a request for payment from the receiving district, the school district board of directors of the district to which the request is made shall review and either: (1) Approve the request and make payment in behalf of the education of the child to the receiving district in the manner requested or as may be mutually agreed to by the districts; or (2) If the school district board of directors rejects the request or rejects any of the terms thereof, the action shall be transmitted in writing to the district making the request within five (5) days after the action is taken, setting forth the reasons for rejecting the request or outlining the objections to or modifications proposed therein.

(1) Approve the request and make payment in behalf of the education of the child to the receiving district in the manner requested or as may be mutually agreed to by the districts; or

(2) If the school district board of directors rejects the request or rejects any of the terms thereof, the action shall be transmitted in writing to the district making the request within five (5) days after the action is taken, setting forth the reasons for rejecting the request or outlining the objections to or modifications proposed therein.

(b) The request for funds filed by the receiving district with the sending district shall seek payments that shall not exceed, unless the school districts shall mutually agree otherwise, the pro rata amount of state funds received per child for each category of state funds received by the school district, as the funds relate to the total number of students in attendance in the school district for which the funds were received.

(c) (1) The amount of local funds to be remitted shall not exceed the pro rata amount per child of local operating funds as defined in this subchapter which are received by the school district from the sending district for property taxes for the school year, as these funds relate to the total number of school-age children in average daily attendance in the school district for the school year. (2) The amount of federal funds to be remitted shall be the pro rata amount per child of federal funds as defined in this subchapter that are received for the category of all students eligible to receive federal funds who are within the same classification or category of the child with disabilities for which payment is sought.

(1) The amount of local funds to be remitted shall not exceed the pro rata amount per child of local operating funds as defined in this subchapter which are received by the school district from the sending district for property taxes for the school year, as these funds relate to the total number of school-age children in average daily attendance in the school district for the school year.

(2) The amount of federal funds to be remitted shall be the pro rata amount per child of federal funds as defined in this subchapter that are received for the category of all students eligible to receive federal funds who are within the same classification or category of the child with disabilities for which payment is sought.

Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13.
Ark. Code Ann. § 6-60-1203 — AR Code / Title 6 / Chapter 60 / Subchapter 12 / Section 6-60-1203
Confucius Institutes - Certain affiliated entities - Prohibited
Status: in_force

An institution shall not host: (1) A Confucius Institute; or (2) Any entity with an affiliation with: (A) The People's Republic of China; (B) The Chinese Communist Party; or (C) China's People's Liberation Army. Added by Act 2021, No. 1020,§ 1, eff. 4/29/2021.

An institution shall not host:

(1) A Confucius Institute; or

(2) Any entity with an affiliation with: (A) The People's Republic of China; (B) The Chinese Communist Party; or (C) China's People's Liberation Army.

(A) The People's Republic of China;

(B) The Chinese Communist Party; or

(C) China's People's Liberation Army.

Added by Act 2021, No. 1020,§ 1, eff. 4/29/2021.
Ark. Code Ann. § 6-81-710 — AR Code / Title 6 / Chapter 81 / Subchapter 7 / Section 6-81-710
Funding of loans
Status: in_force

(a) (1) All payments for rural practice loans and community match loans under this subchapter shall be made on requisitions signed by the Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board drawn against the funds held for the purpose of this subchapter. (2) These funds, consisting of state appropriations so designated, revolving amounts received from repayment of loans and interest, and all funds and property and income therefrom received by the Arkansas Rural Medical Practice Student Loan and Scholarship Board under its authority to accept and apply gifts, bequests, and devises shall be held in trust and disbursed by the fiscal officers of the University of Arkansas for Medical Sciences for the aforesaid purposes. (b) Funds collected as a result of a recipient's breach of a rural practice loan contract or community match loan contract shall be held in trust for the use of the Arkansas Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program, or as otherwise deemed appropriate by the Arkansas Rural Medical Practice Student Loan and Scholarship Board in its discretion, and disbursed by the fiscal officer of the University of Arkansas for Medical Sciences under this subchapter. Acts 1949, No. 131, § 11; 1971, No. 133, § 8; 1971, No. 533, § 8; A.S.A. 1947, § 80-2918; Acts 1995, No. 1114, § 5; 2007, No. 1058, § 4.

(a) (1) All payments for rural practice loans and community match loans under this subchapter shall be made on requisitions signed by the Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board drawn against the funds held for the purpose of this subchapter. (2) These funds, consisting of state appropriations so designated, revolving amounts received from repayment of loans and interest, and all funds and property and income therefrom received by the Arkansas Rural Medical Practice Student Loan and Scholarship Board under its authority to accept and apply gifts, bequests, and devises shall be held in trust and disbursed by the fiscal officers of the University of Arkansas for Medical Sciences for the aforesaid purposes.

(1) All payments for rural practice loans and community match loans under this subchapter shall be made on requisitions signed by the Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board drawn against the funds held for the purpose of this subchapter.

(2) These funds, consisting of state appropriations so designated, revolving amounts received from repayment of loans and interest, and all funds and property and income therefrom received by the Arkansas Rural Medical Practice Student Loan and Scholarship Board under its authority to accept and apply gifts, bequests, and devises shall be held in trust and disbursed by the fiscal officers of the University of Arkansas for Medical Sciences for the aforesaid purposes.

(b) Funds collected as a result of a recipient's breach of a rural practice loan contract or community match loan contract shall be held in trust for the use of the Arkansas Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program, or as otherwise deemed appropriate by the Arkansas Rural Medical Practice Student Loan and Scholarship Board in its discretion, and disbursed by the fiscal officer of the University of Arkansas for Medical Sciences under this subchapter.

Acts 1949, No. 131, § 11; 1971, No. 133, § 8; 1971, No. 533, § 8; A.S.A. 1947, § 80-2918; Acts 1995, No. 1114, § 5; 2007, No. 1058, § 4.
Ark. Code Ann. § 6-60-504 — AR Code / Title 6 / Chapter 60 / Subchapter 5 / Section 6-60-504
Physical disabilities - Religious objections
Status: in_force

(a) If, at the discretion of a medical doctor licensed to practice in Arkansas, an individual is deemed to have a physical disability which may contraindicate one (1) or more of the vaccinations required by this subchapter, a certificate approved by the Department of Health and signed by the medical doctor may be accepted in lieu of proof of vaccination. (b) (1) The provisions of this subchapter shall not apply if the individual furnishes to the college or university a letter of exemption from the department. (2) (A) The individual shall complete an annual application process developed in the rules of the department for medical, religious, and philosophical exemptions. (B) The rules developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to: (i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection; (ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination; (iii) An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and (iv) A signed statement of understanding that: (a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school. (3) No exemptions may be granted under this subsection until the application process has been implemented by the department and completed by the applicant. Amended by Act 2019, No. 315,§ 365, eff. 7/24/2019. Acts 1987, No. 141, § 4; 2003, No. 999, § 2.

(a) If, at the discretion of a medical doctor licensed to practice in Arkansas, an individual is deemed to have a physical disability which may contraindicate one (1) or more of the vaccinations required by this subchapter, a certificate approved by the Department of Health and signed by the medical doctor may be accepted in lieu of proof of vaccination.

(b) (1) The provisions of this subchapter shall not apply if the individual furnishes to the college or university a letter of exemption from the department. (2) (A) The individual shall complete an annual application process developed in the rules of the department for medical, religious, and philosophical exemptions. (B) The rules developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to: (i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection; (ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination; (iii) An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and (iv) A signed statement of understanding that: (a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school. (3) No exemptions may be granted under this subsection until the application process has been implemented by the department and completed by the applicant.

(1) The provisions of this subchapter shall not apply if the individual furnishes to the college or university a letter of exemption from the department.

(2) (A) The individual shall complete an annual application process developed in the rules of the department for medical, religious, and philosophical exemptions. (B) The rules developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to: (i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection; (ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination; (iii) An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and (iv) A signed statement of understanding that: (a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.

(A) The individual shall complete an annual application process developed in the rules of the department for medical, religious, and philosophical exemptions.

(B) The rules developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to: (i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection; (ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination; (iii) An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and (iv) A signed statement of understanding that: (a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.

(i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection;

(ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination;

(iii) An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and

(iv) A signed statement of understanding that: (a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and (b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.

(a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and

(b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.

(3) No exemptions may be granted under this subsection until the application process has been implemented by the department and completed by the applicant.

Amended by Act 2019, No. 315,§ 365, eff. 7/24/2019.

Acts 1987, No. 141, § 4; 2003, No. 999, § 2.