005.28.19 Ark. Code R. § 010 Dese Rules Governing Public School Choice

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 005.28.19 Ark. Code R. § 010
• Year: 2023

DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING PUBLIC SCHOOL CHOICE

CHAPTER 1:

REGULATORY AUTHORITY, PURPOSE, AND DEFINITIONS

1-1.00 REGULATORY AUTHORITY AND PURPOSE 1-1.01 These rules shall be known as the Division of Elementary and Secondary Education Rules Governing Public School Choice. 1-1.02 The Arkansas State Board of Education promulgated these rules pursuant to the authority granted to it by Ark. Code Ann. §§ 6Arkansas Opportunity Public School Choice Act of 20046-18-227 and 6Title legislative findings6-18-1901 et seq. 1-1.03 The purpose of these rules is to set forth the process and procedures necessary to administer the Public School Choice Act of 2015 and the Opportunity Public School Choice Act.

1-2.00 DEFINITIONS As used in these rules: 1-2.01 "Division" means the Division of Elementary and Secondary Education. 1-2.02 "Military Family" means the family of a student whose parent or guardian is an active duty member of the military who has been transferred to and resides on a military base. 1-2.03 "Nonresident District" means a school district other than a student's resident district to which a student transfers or seeks to transfer. 1-2.04 "Nonresident or receiving school" means the public school to which a student transfers or seeks to transfer under the provisions of Ark. Code Ann. § 6Arkansas Opportunity Public School Choice Act of 20046-18-227 A nonresident or receiving school may be a public school within the resident district or a public school within a nonresident district. 1-2.05 "Parent or guardian" means a student's parent, legal guardian, person having lawful control of the student, or person standing in loco parentis. 1-2.06 "Resident district" means the school district in which the student resides as determined under Ark. Code Ann. § 6Age and residence for attending public schools6-18-202 and from which the student seeks to transfer. 1-2.07 "Resident or transferring school" means the public school in which the student is enrolled at the time of application and from which the student seeks to transfer under the provisions of Ark. Code Ann. § 6Arkansas Opportunity Public School Choice Act of 20046-18-227. 1-2.08 "Sibling" means each of two (2) or more children having a parent in common by blood, adoption, marriage, or foster care; and 1-2.09 "Transfer student" means a public school student in kindergarten through grade twelve (12) who transfers to a nonresident district through a public school choice option DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING PUBLIC SCHOOL CHOICE

CHAPTER 2:

THE ARKANSAS PUBLIC SCHOOL CHOICE ACT OF 2015

2-1.00 ESTABLISHMENT OF PUBLIC SCHOOL CHOICE PROGRAM2-1.01 A public school choice program is established to enable a student in kindergarten through grade twelve (12) to attend a school in a nonresident district, subject to the limitations under Ark. Code Ann. § 6Limitations6-18-1906 and Section 2-4.00 of these rules. 2-1.02 Each school district shall participate in a public school choice program consistent with Arkansas Code, Title 6, Chapter 18, Subchapter 19 and these rules. 2-1.03 These rules do not require a school district to add teachers, staff, or classrooms, or in any way to exceed the requirements and standards established by existing law. 2-1.04 The board of directors of a public school district shall adopt by resolution specific standards for acceptance and rejection of applications under Arkansas Code, Title 6, Chapter 18, Subchapter 19 and these rules. The standards:2-1.04.1 May include without limitation the capacity of a program, class, grade level or school building; 2-1.04.2 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 under federal law, state law, the rules for standards of accreditation, or other applicable regulations; 2-1.04.3 Shall include a statement that priority will be given to an applicant who has a sibling or stepsibling who:2-1.04.3.1 Resides in the same household; and 2-1.04.3.2 Is already enrolled in the nonresident district by choice. 2-1.04.4 Shall not include an applicant's 2-1.04.4.1 Academic achievement; 2-1.04.4.2 Athletic or other extracurricular ability; 2-1.04.4.3 English proficiency level; or 2-1.04.4.4 Previous disciplinary proceedings, except that an expulsion from another district may be included under Ark. Code Ann. § 6Enrollment during expulsion - school policy6-18-510. 2-1.04.5 A school district receiving transfers under the Public School Choice Act of 2015 and these rules shall not discriminate on the basis of gender, national origin, race, ethnicity religion, or disability. 2-1.05 Each school district shall have a policy stating the method by which a parent or guardian of a student may submit a school choice application, including without limitation: 2-1.05.1 Regular mail; 2-1.05.2 Email; and 2-1.05.3 Hand delivery. 2-1.06 A public school district shall not require an applicant to file an application in person. 2-1.07 A nonresident district shall: 2-1.07.1 Accept credits toward graduation that were awarded by another district; and 2-1.07.2 Award a diploma to a nonresident student if the student meets the nonresident district's graduation requirements. 2-1.08 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: 2-1.08.1 Availability of the program; 2-1.08.2 Application deadline; 2-1.08.3 Requirements and procedure for nonresident students to participate in the program; and 2-1.08-4 The primary point of contact at the District for school choice questions.

2-2.00 GENERAL PROVISIONS 2-2.01 The transfer of a student under the Arkansas Public School Choice Act of 1989 (Ark. Code Ann. § 6[Repealed]6-18-206 [repealed]) or the Public School Choice Act of 2013, is not voided by Arkansas Code, Title 6, Chapter 18, Subchapter 19 and these rules and shall be treated as a transfer under Arkansas Code, Title 6, Chapter 18, Subchapter 19 and these rules. 2-2.01.1 Districts that are subject to a federal court order requiring the districts to abide by the provisions of the Arkansas Public School Choice Act of 1989 and the corresponding rules are not subject to the requirements of the Public School Choice Act of 2015 or these rules. 2-2.02 A student may accept only one (1) school choice transfer per school year. 2-2.02.1 A student who accepts a public school choice transfer may return to his or her resident district during the school year. 2-2.02.2 If a transferred 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. 2-2.03 A transfer student attending a nonresident school under Arkansas Code, Title 6, Chapter 18, Subchapter 19 and these rules may complete all remaining school years at the nonresident district.2-2.03.1 A present or future sibling of a student who continues enrollment in the nonresident district under Section 2-2.03 of these rules and applies for a school choice transfer under Ark. Code Ann. § 6-181905 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 and standards established by law. 2-2.03.2 A present or future sibling of a student who continues enrollment in the nonresident district and who enrolls in the nonresident district under Section 2.03 of these rules may complete all remaining years at the nonresident district. 2-2.04 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.2-2.04.1 The nonresident district may enter into a written agreement with the student, the student's parent, or the resident district to provide the transportation. 2-2.05 For purposes of determining a school district's state aid, a transfer student is counted as part of the average daily membership of the nonresident district where the transfer student is enrolled.

2-3.00 APPLICATION FOR TRANSFER2-3.01 If a student seeks to attend a school in a nonresident district, the student's parent or guardian, or student over the age of eighteen (18), shall submit an application:2-3.01.1 To the nonresident district and to the student's resident district; 2-3.01.2 On the form approved by the Division; and 2-3.01.3 Postmarked or delivered no earlier than January 1 and no later than May 1 of the year in which the student seeks to begin the fall semester at the nonresident district. 2-3.02 Both the resident district and the nonresident 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. 2-3.03 Before accepting or rejecting an application, a nonresident district...