Public school choice program established

Ark. Code Ann. § 6-18-1903 — under Students.

Ark. Code Ann. § 6-18-1903

(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 or another public school within a resident district, subject to the limitations under § 6-18-1906.

(b) (1) Each school district shall participate in a public school choice program that allows students to attend any resident school or nonresident district, consistent with this subchapter.(2) Each school district shall:(A) Establish a policy that allows an enrolled student to transfer to another public school within a student's resident district or nonresident district; and(B) Publicly post the policies and procedures for a student to apply for a transfer as permitted under subdivision (b)(2)(A) of this section.

(1) Each school district shall participate in a public school choice program that allows students to attend any resident school or nonresident district, consistent with this subchapter.

(2) Each school district shall:(A) Establish a policy that allows an enrolled student to transfer to another public school within a student's resident district or nonresident district; and(B) Publicly post the policies and procedures for a student to apply for a transfer as permitted under subdivision (b)(2)(A) of this section.

(A) Establish a policy that allows an enrolled student to transfer to another public school within a student's resident district or nonresident district; and

(B) Publicly post the policies and procedures for a student to apply for a transfer as permitted under subdivision (b)(2)(A) of this section.

(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) (i) The nonresident school has reached the maximum student-to-teacher ratio allowed under federal law, state law, the Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts, 6 CAR pt. 61, state rules, or other applicable federal regulations.(ii) A school district may claim a lack of capacity if, on the date the application for public school choice is made under this subchapter, ninety-five percent (95%) or more of the seats at the grade level in which the student would be assigned at the nonresident school are filled; 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, disability, or residential address.

(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) (i) The nonresident school has reached the maximum student-to-teacher ratio allowed under federal law, state law, the Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts, 6 CAR pt. 61, state rules, or other applicable federal regulations.(ii) A school district may claim a lack of capacity if, on the date the application for public school choice is made under this subchapter, ninety-five percent (95%) or more of the seats at the grade level in which the student would be assigned at the nonresident school are filled; and(B) The claim is consistent with state and federal law.

(A) (i) The nonresident school has reached the maximum student-to-teacher ratio allowed under federal law, state law, the Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts, 6 CAR pt. 61, state rules, or other applicable federal regulations.(ii) A school district may claim a lack of capacity if, on the date the application for public school choice is made under this subchapter, ninety-five percent (95%) or more of the seats at the grade level in which the student would be assigned at the nonresident school are filled; and

(i) The nonresident school has reached the maximum student-to-teacher ratio allowed under federal law, state law, the Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts, 6 CAR pt. 61, state rules, or other applicable federal regulations.

(ii) A school district may claim a lack of capacity if, on the date the application for public school choice is made under this subchapter, ninety-five percent (95%) or more of the seats at the grade level in which the student would be assigned at the nonresident school are filled; 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, disability, or residential address.

(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) 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 or other public school within the resident district by choice; and(B) 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 or another public school within a school district receiving transfers under this subchapter shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability.

(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) 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 or other public school within the resident district by choice; and(B) 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.

(A) 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 or other public school within the resident district by choice; and

(i) Resides in the same household; and

(ii) Is already enrolled in the nonresident district or other public school within the resident district by choice; and

(B) 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.

(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 or another public school within 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 or another public school within a resident district shall:(1) Accept credits toward graduation that were awarded by another district or other public school within a resident district; and(2) Award a diploma to a student who transfers under this subchapter if the student meets the nonresident district's or public school's graduation requirements.

(1) Accept credits toward graduation that were awarded by another district or other public school within a resident district; and

(2) Award a diploma to a student who transfers under this subchapter if the student meets the nonresident district's or public school'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 and within the school district of the:(1) Availability of the public school choice program;(2) Application deadline; and(3) Requirements and procedure for students to participate in the public school choice program.

(1) Availability of the public school choice program;

(2) Application deadline; and

(3) Requirements and procedure for students to participate in the public school choice program.