2020 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 18 - Students
Subchapter 19 - Public School Choice Act of 2015
§ 6-18-1905. Application for a transfer

(a) If a student seeks to attend a school in a nonresident district, the student's parent shall submit an application:

1. (1) To the nonresident district with a copy to the student's resident district;

2. (2)

   1. (A) On a form approved by the Division of Elementary and Secondary Education.

   2. (B) If a student has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, then the student's parent or guardian shall file an application for transfer under this section within fifteen (15) days of the parent's or guardian's arrival on the military base, which shall include without limitation the parent's or guardian's:

      1. (i) Military transfer orders; and

      2. (ii) Proof of residency on the military base; and

3. (3)

   1. (A) Postmarked no later than May 1 of the year in which the student seeks to begin the fall semester at the nonresident district.

   2. (B) However, if a student has a parent or guardian who is an active-duty member of the military, then the student's application for a transfer under this section is not subject to the May 1 deadline under subdivision (a)(3)(A) of this section if the student's parent or legal guardian:

      1. (i) Has been transferred to and resides on a military base; and

      2. (ii) Provides military transfer orders that confirm the date of transfer to the military base.

(b) Both the nonresident district and the resident district shall, upon receipt of the application, place a date and time stamp on the application that reflects the date and time each district received the application.

(c) A nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.

(d) Before accepting or rejecting an application, a nonresident district shall determine whether:

1. (1) One (1) of the limitations under § 6-18-1906 applies to the application; and

2. (2)

   1. (A) The resident district has met its numerical net maximum limit on school choice transfers under § 6-18-1906.

   2. (B) The nonresident district shall contact the resident district to determine whether the resident district has met its net maximum limit under subdivision (d)(2)(A) of this section.

   3. (C) In determining whether a resident district has met its net maximum limit on school choice transfers under subdivision (d)(2)(A) of this section, the nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.

   4. (D) If the resident district has met its numerical net maximum limit on school choice transfers, the nonresident district shall issue a rejection of the affected school choice application.

   5. (E)

      1. (i) If an applicant under this section has been rejected due to the numerical net maximum limit, then the applicant shall retain priority for a transfer under this subchapter until July 1 and be reconsidered when the resident district is no longer at the numerical net maximum limit.

      2. (ii) The resident district shall promptly notify the nonresident district when it is no longer at its numerical net maximum limit.

(e)

1. (1) Except as provided in subdivision (e)(4) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district under this subchapter, the superintendent of the nonresident district shall notify the parent and the resident district in writing as to whether the student's application has been accepted or rejected.

2. (2) If the application is rejected, the superintendent of the nonresident district shall state in the notification letter the reason for rejection.

3. (3) If the application is accepted, the superintendent of the nonresident district shall state in the notification letter a reasonable deadline by which the student shall enroll in the nonresident district and after which the acceptance notification is null.

4. (4) The July 1 deadline under subdivision (e)(1) of this section does not apply in the case of an application received from a student who has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base.