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 2 - ATTENDANCE (§§ 6-18-201 — 6-18-236) › Section 6-18-227 - Arkansas Opportunity Public School Choice Act - Definitions

(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.