Stricken language would be deleted from and underlined language would be added to present law.
Act 768 of the Regular Session
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State of Arkansas As Engrossed: S3/29/23 S3/30/23 S3/30/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 400 3
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By: Senators A. Clark, L. Chesterfield, Dees, J. English, Flippo, B. Johnson, G. Leding, M. McKee, 5
Stone, C. Tucker, D. Wallace 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE PUBLIC SCHOOL CHOICE ACT OF 2015; 9
TO AMEND THE ARKANSA S OPPORTUNITY PUBLIC SCHOOL 10
CHOICE ACT; TO ENSUR E A STUDENT WHO TRAN SFERS TO A 11
NONRESIDENT DISTRICT IS AFFORDED CERTAIN 12
OPPORTUNITIES AND RI GHTS; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND THE PUBLIC SCHOOL CHOICE ACT OF 17
2015; AND TO AMEND THE ARKANSAS 18
OPPORTUNITY PUBLIC SCHOOL CHOICE ACT. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 6 -18-227, concerning the Arkansas 24
Opportunity Public School Choice Act, is amended to add an additional 25
subsection to read as follows: 26
(m)(1) A student who transfers to another public school or a 27
nonresident school district under this subchapter shall not be: 28
(A) Denied participation in an extracurricular activity at 29
the public school or nonresident school district to which he or she transfers 30
based exclusively on his or her decision to transfer to the public school or 31
nonresident school district; or 32
(B) Disciplined in any manner based exclusively on the 33
exercise of his or her right to transfer to another public school or a 34
nonresident district under this subchapter. 35
(2)(A) However, a student who transfers to another public school 36 As Engrossed: S3/29/23 S3/30/23 S3/30/23 SB400
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or a nonresident school district under this sect ion shall complete a Changing 1
Schools/Athletic Participation form as defined by the Arkansas Activities 2
Association. 3
(B) A Changing Schools/Athletic Participation form shall 4
be completed and filed with the: 5
(i) Public school or nonresident school district to 6
which the student transfers under this section; and 7
(ii) Arkansas Activities Association. 8
(C)(i) Before a student is eligible to participate in an 9
extracurricular activity at the public school or nonresident school district 10
to which he or she transfers, the Changing Schools/Athletic Participation 11
form submitted by the student as required under subdivision (m)(2)(B) of this 12
section shall be signed by the: 13
(a) Superintendent of the student's resident 14
school district; 15
(b) Superintendent of the nonresident school 16
district to which the student transfers; and 17
(c) Parent, legal guardian, or person standing 18
in loco parentis to the student. 19
(ii) The superintendent of a student's resident 20
school district and the superintende nt of the nonresident school district to 21
which a student transfers shall sign the Changing Schools/Athletic 22
Participation form unless there is demonstrable evidence: 23
(a) Of recruiting by the receiving school 24
district personnel; or 25
(b) The student is transferring to the public 26
school or nonresident school district solely for athletic purposes. 27
(D) A Changing Schools/Athletic Participation form shall 28
be used only for eligibility determination of a student who transfers to 29
another public school or nonresident school district under this section and 30
is enrolled in the receiving school district by July 1 before the student 31
enters grades seven through twelve (7 -12). 32
(E)(i) Public school district personnel and registered 33
volunteers, as defin ed by the Arkansas Registered Volunteers Program Act, § 34
6-22-101 et seq., shall not recruit students to the public school at which 35
they are employed or volunteer for athletic purposes. 36 As Engrossed: S3/29/23 S3/30/23 S3/30/23 SB400
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(ii) As used in this section, "recruiting" means the 1
use of undue influence or special inducement by an individual who is 2
connected directly or indirectly with a school that is a member of the 3
Arkansas Activities Association in an attempt to encourage, induce, pressure, 4
urge, or entice a prospective student of any age to transfer to the school or 5
retain a student at the school for the purpose of participating in 6
extracurricular activities. 7
(3) As used in subdivision (m)(1) of this 8
section, "extracurricular activity" means an interschool activity not 9
included in a regular curriculum, including without limitation sports and 10
special interest clubs or groups. 11
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SECTION 2. Arkansas Code § 6 -18-1904, concerning general provisions 13
for student transfers under the Public School Choice Act of 2015, is amended 14
to add an additional subsection to read as follows: 15
(f)(1) A student who transfers to another public school or a 16
nonresident district under this subchapter shall not be: 17
(A) Denied participation in an extracurricular activity at 18
the public school or nonresident district to which he or she transfers based 19
exclusively on his or her decision to transfer to the public school or 20
nonresident district; or 21
(B) Disciplined in any manner based exclusively on the 22
exercise of his or her right to transfer to another publi c school or a 23
nonresident district under this subchapter. 24
(2)(A) However, a student who transfers to another public school 25
or a nonresident school district under this subchapter shall complete a 26
Changing Schools/Athletic Participation form as defined by the Arkansas 27
Activities Association. 28
(B) A Changing Schools/Athletic Participation form shall 29
be completed and filed with the: 30
(i) Public school or nonresident school district to 31
which the student transfers under this section; and 32
(ii) Arkansas Activities Association. 33
(C)(i) Before a student is eligible to participate in an 34
extracurricular activity at the public school or nonresident school district 35
to which he or she transfers, the Changing Schools/Athletic Participation 36 As Engrossed: S3/29/23 S3/30/23 S3/30/23 SB400
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form submitted by the student as required under subdivision (f)(2)(B) of this 1
section shall be signed by the: 2
(a) Superintendent of the student's resident 3
school district; 4
(b) Superintendent of the nonresident school 5
district to which the student transfers; and 6
(c) Parent, legal guardian, or person standing 7
in loco parentis to the student. 8
(ii) The superintendent of a student's resident 9
school district and the superintendent of the nonresident school district to 10
which a student transfers shall sign the Changing Schools/Athletic 11
Participation form unless there is demonstrable evidence: 12
(a) Of recruiting by the receiving school 13
district personnel; or 14
(b) The student is transferring to the public 15
school or nonresident school district solely for athletic purposes. 16
(D) A Changing Schools/Athletic Participation form shall 17
be used only for eligibility determination of a student who transfers to 18
another public school or nonresident school district under this subchapter 19
and is enrolled in the receiving school district by July 1 before the student 20
enters grades seven through twelve (7 -12). 21
(E)(i) Public school district personnel and registered 22
volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 23
6-22-101 et seq., shall not recruit students to the public school at which 24
they are employed or volunteer for athletic purposes. 25
(ii) As used in this section, "recruiting" means the 26
use of undue influence or special inducement by an individual who is 27
connected directly or i ndirectly with a school that is a member of the 28
Arkansas Activities Association in an attempt to encourage, induce, pressure, 29
urge, or entice a prospective student of any age to transfer to the school or 30
retain a student at the school for the purpose of pa rticipating in 31
extracurricular activities. 32
(3) As used in subdivision (f)(1) of this 33
section, "extracurricular activity" means an interschool activity not 34
included in a regular curriculum, including without limitation sports and 35
special interest club s or groups. 36 As Engrossed: S3/29/23 S3/30/23 S3/30/23 SB400
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/s/A. Clark 2
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APPROVED: 4/12/23 5
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