General provisions — Definitions

Ark. Code Ann. § 6-18-1904 — under Students.

Ark. Code Ann. § 6-18-1904

(a) The transfer of a student under the Public School Choice Act of 2013, formerly this subchapter, 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 or the public school within his or her resident district from which he or she transferred during the school year.(B) If a transfer student returns to his or her resident district or the public school within his or her resident district from which he or she transferred 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.

(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 or the public school within his or her resident district from which he or she transferred during the school year.(B) If a transfer student returns to his or her resident district or the public school within his or her resident district from which he or she transferred 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.

(A) A student who accepts a public school choice transfer may return to his or her resident district or the public school within his or her resident district from which he or she transferred during the school year.

(B) If a transfer student returns to his or her resident district or the public school within his or her resident district from which he or she transferred 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 or another public school within the student's resident district 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 or another public school within his or her resident district under this subsection and applies for a school choice transfer under § 6-18-1905 may enroll in the nonresident district or the other public school within his or her resident district if the nonresident district or the public school 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 or another public school within his or her resident district and who enrolls in the nonresident district or the other public school within his or her resident district under subdivision (c)(2) of this section may complete all remaining school years at the nonresident district or the other public school within his or her resident district.

(1) A transfer student attending a nonresident school or another public school within the student's resident district 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 or another public school within his or her resident district under this subsection and applies for a school choice transfer under § 6-18-1905 may enroll in the nonresident district or the other public school within his or her resident district if the nonresident district or the public school 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 or another public school within his or her resident district and who enrolls in the nonresident district or the other public school within his or her resident district under subdivision (c)(2) of this section may complete all remaining school years at the nonresident district or the other public school within his or her resident 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) If a student transfers to a nonresident district under this subchapter, the nonresident district may enter into a written agreement with the student, the student's parent, or the transfer student's resident district to provide the transportation.

(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) If a student transfers to a nonresident district under this subchapter, the nonresident district may enter into a written agreement with the student, the student's parent, or the transfer student's 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 if the student transfers to a nonresident district under this subchapter.

(f) (1) A student who transfers to another public school within his or her resident district or a nonresident district under this subchapter shall not be:(A) Denied participation in an extracurricular activity at the public school within his or her resident district 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 within his or her resident district 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 within his or her resident district or nonresident 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 within his or her resident district or nonresident 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 district;(b) Superintendent of the nonresident district to which the student transfers if the student transfers to a nonresident district under this subchapter; and(c) Parent, legal guardian, or person standing in loco parentis to the student.(ii) The superintendent of a student's resident district and the superintendent of the nonresident district to which a student transfers, or the superintendent of the student's resident district if the student is transferring to another public school within his or her resident district, shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence:(a) Of recruiting by the receiving school district or public school personnel; or(b) The student is transferring to the public school within his or her resident district or the nonresident district solely for athletic purposes.(D) (i) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school within his or her resident district or nonresident district under this subchapter and is enrolled in the receiving school district by June 1 before the student enters grades seven through ten (7-10).(ii) (a) A student who transfers to another public school or nonresident district under this section and is enrolled in the receiving school or receiving school district by June 1 of the school year for which the transfer student will be enrolled in grade seven (7), eight (8), nine (9), or ten (10) shall be immediately eligible to participate in an extracurricular activity that is an athletic activity.(b) If a transfer student is not enrolled in a receiving school or receiving school district by June 1 of the school year for which he or she will be enrolled in grade seven (7), eight (8), nine (9), or ten (10), then the transfer student shall not be eligible to participate in an extracurricular activity that is a varsity athletic activity for up to three hundred sixty-five (365) days.(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.

(1) A student who transfers to another public school within his or her resident district or a nonresident district under this subchapter shall not be:(A) Denied participation in an extracurricular activity at the public school within his or her resident district 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 within his or her resident district or a nonresident district under this subchapter.

(A) Denied participation in an extracurricular activity at the public school within his or her resident district 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 within his or her resident district 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 within his or her resident district or nonresident 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 within his or her resident district or nonresident 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 district;(b) Superintendent of the nonresident district to which the student transfers if the student transfers to a nonresident district under this subchapter; and(c) Parent, legal guardian, or person standing in loco parentis to the student.(ii) The superintendent of a student's resident district and the superintendent of the nonresident district to which a student transfers, or the superintendent of the student's resident district if the student is transferring to another public school within his or her resident district, shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence:(a) Of recruiting by the receiving school district or public school personnel; or(b) The student is transferring to the public school within his or her resident district or the nonresident district solely for athletic purposes.(D) (i) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school within his or her resident district or nonresident district under this subchapter and is enrolled in the receiving school district by June 1 before the student enters grades seven through ten (7-10).(ii) (a) A student who transfers to another public school or nonresident district under this section and is enrolled in the receiving school or receiving school district by June 1 of the school year for which the transfer student will be enrolled in grade seven (7), eight (8), nine (9), or ten (10) shall be immediately eligible to participate in an extracurricular activity that is an athletic activity.(b) If a transfer student is not enrolled in a receiving school or receiving school district by June 1 of the school year for which he or she will be enrolled in grade seven (7), eight (8), nine (9), or ten (10), then the transfer student shall not be eligible to participate in an extracurricular activity that is a varsity athletic activity for up to three hundred sixty-five (365) days.(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.

(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 within his or her resident district or nonresident district to which the student transfers under this section; and(ii) Arkansas Activities Association.

(i) Public school within his or her resident district or nonresident 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 within his or her resident district or nonresident 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 district;(b) Superintendent of the nonresident district to which the student transfers if the student transfers to a nonresident district under this subchapter; and(c) Parent, legal guardian, or person standing in loco parentis to the student.(ii) The superintendent of a student's resident district and the superintendent of the nonresident district to which a student transfers, or the superintendent of the student's resident district if the student is transferring to another public school within his or her resident district, shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence:(a) Of recruiting by the receiving school district or public school personnel; or(b) The student is transferring to the public school within his or her resident district or the nonresident district solely for athletic purposes.

(i) Before a student is eligible to participate in an extracurricular activity at the public school within his or her resident district or nonresident 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 district;(b) Superintendent of the nonresident district to which the student transfers if the student transfers to a nonresident district under this subchapter; and(c) Parent, legal guardian, or person standing in loco parentis to the student.

(a) Superintendent of the student's resident district;

(b) Superintendent of the nonresident district to which the student transfers if the student transfers to a nonresident district under this subchapter; and

(c) Parent, legal guardian, or person standing in loco parentis to the student.

(ii) The superintendent of a student's resident district and the superintendent of the nonresident district to which a student transfers, or the superintendent of the student's resident district if the student is transferring to another public school within his or her resident district, shall sign the Changing Schools/Athletic Participation form unless there is demonstrable evidence:(a) Of recruiting by the receiving school district or public school personnel; or(b) The student is transferring to the public school within his or her resident district or the nonresident district solely for athletic purposes.

(a) Of recruiting by the receiving school district or public school personnel; or

(b) The student is transferring to the public school within his or her resident district or the nonresident district solely for athletic purposes.

(D) (i) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school within his or her resident district or nonresident district under this subchapter and is enrolled in the receiving school district by June 1 before the student enters grades seven through ten (7-10).(ii) (a) A student who transfers to another public school or nonresident district under this section and is enrolled in the receiving school or receiving school district by June 1 of the school year for which the transfer student will be enrolled in grade seven (7), eight (8), nine (9), or ten (10) shall be immediately eligible to participate in an extracurricular activity that is an athletic activity.(b) If a transfer student is not enrolled in a receiving school or receiving school district by June 1 of the school year for which he or she will be enrolled in grade seven (7), eight (8), nine (9), or ten (10), then the transfer student shall not be eligible to participate in an extracurricular activity that is a varsity athletic activity for up to three hundred sixty-five (365) days.

(i) A Changing Schools/Athletic Participation form shall be used only for eligibility determination of a student who transfers to another public school within his or her resident district or nonresident district under this subchapter and is enrolled in the receiving school district by June 1 before the student enters grades seven through ten (7-10).

(ii) (a) A student who transfers to another public school or nonresident district under this section and is enrolled in the receiving school or receiving school district by June 1 of the school year for which the transfer student will be enrolled in grade seven (7), eight (8), nine (9), or ten (10) shall be immediately eligible to participate in an extracurricular activity that is an athletic activity.(b) If a transfer student is not enrolled in a receiving school or receiving school district by June 1 of the school year for which he or she will be enrolled in grade seven (7), eight (8), nine (9), or ten (10), then the transfer student shall not be eligible to participate in an extracurricular activity that is a varsity athletic activity for up to three hundred sixty-five (365) days.

(a) A student who transfers to another public school or nonresident district under this section and is enrolled in the receiving school or receiving school district by June 1 of the school year for which the transfer student will be enrolled in grade seven (7), eight (8), nine (9), or ten (10) shall be immediately eligible to participate in an extracurricular activity that is an athletic activity.

(b) If a transfer student is not enrolled in a receiving school or receiving school district by June 1 of the school year for which he or she will be enrolled in grade seven (7), eight (8), nine (9), or ten (10), then the transfer student shall not be eligible to participate in an extracurricular activity that is a varsity athletic activity for up to three hundred sixty-five (365) days.

(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.

(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.