Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 18 - STUDENTS (§§ 6-18-101 — 6-18-2608) › Subchapter 19 - PUBLIC SCHOOL CHOICE ACT OF 2015 (§§ 6-18-1901 — 6-18-1909) › Section 6-18-1903 - Public school choice program established

(a)
A public school choice program is established to enable a student in kindergarten through grade twelve (K-12) to attend a school in a nonresident district, subject to the limitations under §
6-18-1906
.
(b)
Each school district shall participate in a public school choice program consistent with this subchapter.
(c)
(1)
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.
(2)
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 for accreditation, state rules, or other applicable federal regulations; and
(B)
The claim is consistent with state and federal law.
(3)
A school district receiving transfers under this section shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability.
(d)
(1)
The board of directors of a public school district shall adopt by resolution specific standards for acceptance and rejection of applications under this subchapter.
(2)
The standards:
(A)
May include without limitation the capacity of a program, class, grade level, or school building;
(B)
May include a claim of a lack of capacity by a school district only if the school district has reached at least ninety percent (90%) of the maximum authorized student population in a program, class, grade level, or school building;
(C)
Shall include a statement that priority will be given to an applicant who has a sibling or stepsibling who:
(i)
Resides in the same household; and
(ii)
Is already enrolled in the nonresident district by choice; and
(D)
Shall not include an applicant's:
(i)
Academic achievement;
(ii)
Athletic or other extracurricular ability;
(iii)
English proficiency level; or
(iv)
Previous disciplinary proceedings, except that an expulsion from another district may be included under §
6-18-510
.
(3)
A school district receiving transfers under this subchapter shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability.
(e)
A nonresident district shall:
(1)
Accept credits toward graduation that were awarded by another district; and
(2)
Award a diploma to a nonresident student if the student meets the nonresident district's graduation requirements.
(f)
The superintendent of a school district shall cause public announcements to be made over the broadcast media and either in the print media or on the internet to inform parents of students in adjoining districts of the:
(1)
Availability of the public school choice program;
(2)
Application deadline; and
(3)
Requirements and procedure for nonresident students to participate in the public school choice program.
Amended by Act 2023, No. 790,§ 8, eff. 8/1/2023.
Amended by Act 2015, No. 560,§ 4, eff. 3/20/2015.
Added by Act 2013, No. 1227,§ 6, eff. 4/16/2013.