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 6-18-1904 - General provisions - Definitions

(a)
The transfer of a student under the Arkansas Public School Choice Act of 1989, §
6-18-206
[repealed], or the Public School Choice Act of 2015, §
6-18-1901
et seq., is not voided by this subchapter and shall be treated as a transfer under this subchapter.
(b)
(1)
A student may accept only one (1) school choice transfer per school year.
(2)
(A)
A student who accepts a public school choice transfer may return to his or her resident district during the school year.
(B)
If a transfer student returns to his or her resident district or enrolls in a private or home school, the student's transfer is voided, and the student shall reapply if the student seeks a future school choice transfer.
(c)
(1)
A transfer student attending a nonresident school under this subchapter may complete all remaining school years at the nonresident district.
(2)
A present or future sibling of a student who continues enrollment in the nonresident district under this subsection and applies for a school choice transfer under §
6-18-1905
may enroll in the nonresident district if the district has the capacity to accept the sibling without adding teachers, staff, or classrooms or exceeding the regulations, rules, or standards established by law.
(3)
A present or future sibling of a student who continues enrollment in the nonresident district and who enrolls in the nonresident district under subdivision (c)(2) of this section may complete all remaining school years at the nonresident district.
(d)
(1)
The transfer student or the transfer student's parent is responsible for the transportation of the transfer student to and from the school in the nonresident district where the transfer student is enrolled.
(2)
The nonresident district may enter into a written agreement with the student, the student's parent, or the resident district to provide the transportation.
(e)
For purposes of determining a school district's state aid, a transfer student is counted as a part of the average daily membership of the nonresident district where the transfer student is enrolled.
(f)
(1)
A student who transfers to another public school or a nonresident district under this subchapter shall not be:
(A)
Denied participation in an extracurricular activity at the public school or nonresident district to which he or she transfers based exclusively on his or her decision to transfer to the public school or nonresident 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 district under this subchapter.
(2)
(A)
However, a student who transfers to another public school or a nonresident school district under this subchapter 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 (f)(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 subchapter 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 (f)(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.
Amended by Act 2023, No. 768,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 266, eff. 7/24/2019.
Amended by Act 2017, No. 1066,§ 2, eff. 4/6/2017.
Amended by Act 2017, No. 1066,§ 1, eff. 4/6/2017.
Amended by Act 2015, No. 560,§ 5, eff. 3/20/2015.
Added by Act 2013, No. 1227,§ 6, eff. 4/16/2013.