Stricken language would be deleted from and underlined language would be added to present law.
Act 563 of the Regular Session
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State of Arkansas As Engrossed: S2/27/25 H3/12/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 167 3
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By: Senator A. Clark 5
By: Representative Brooks 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE DATES BY WHICH APPLICATIONS FOR A 9
TRANSFER UNDER THE ARKANSAS OPPORTUNITY PUBLIC SCHOOL 10
CHOICE ACT AND PUBLIC SCHOOL CHOICE ACT OF 2015 SHALL 11
BE SUBMITTED; TO AMEND THE DATE BY WHICH A FOSTER 12
CHILD SHALL SUBMIT A REQUEST TO TRANSFER SCHOOLS; AND 13
FOR OTHER PURPOSES. 14
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Subtitle 17
TO AMEND THE DATES BY WHICH CERTAIN 18
REQUESTS TO TRANSFER PUBLIC SCHOOLS OR 19
PUBLIC SCHOOL DISTRICTS SHALL BE 20
SUBMITTED. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 6-18-227(b)(1), concerning a request for a 25
student to transfer from his or her resident district or public school to 26
another school district or public school under the Arkansas Opportunity 27
Public School Choice Act, is amended to read as follows: 28
(b)(1) Upon the request of a parent, guardian, or student , if the 29
student is eighteen (18) years of age or older, a student may transfer from 30
his or her resident district or public school to another a nonresident school 31
district or another public school under this section if, at the time of the 32
request under this subdivision (b)(1): 33
(A) Either: 34
(i) The resident public school district has been 35
classified by the state board as a public school district in need of Level 5 36 As Engrossed: S2/27/25 H3/12/25 SB167
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— Intensive support under § 6 -15-2913 or § 6-15-2915; or 1
(ii) The resident public school has a rating of “F” 2
under §§ 6-15-2105 and 6-15-2106 and state board rules, as allowed in 3
subdivision (b)(3)(B)(i)(b) of this section; and 4
(B) Except as provided in subsection (n) of this section, 5
the parent, guardian, or student, if the student is eighteen (18) years of 6
age or older, has notified both the resident and nonresident school districts 7
of the request for a transfer no earlier than January 1 and no later than May 8
1 June 1 of the school year before the school year in which the student 9
intends to transfer. 10
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SECTION 2. Arkansas Code § 6 -18-227(b)(3)(A), concerning notification 12
of public school transfers options to students enrolled in or assigned to 13
certain public school districts under the Arkansas Opportunity Public School 14
Choice Act, is amended to read as follows: 15
(3)(A) For each student enrolled in or assigned to a public 16
school district that is classified by the state board as a public school 17
district in need of Level 5 — Intensive support under § 6 -15-2913 or § 6-15-18
2915 or a public school that has a rating of “F” under §§ 6 -15-2105 and 6-15-19
2106 and state board rules, a school district shall: 20
(i) Timely notify the parent, guardian, or student 21
if the student is eighteen (18) years of age or older, as soon as practicable 22
after the designation is made, of all options available under this section; 23
and 24
(ii)(a) Offer the parent, guardian, or student if 25
the student is eighteen (18) years of age or older , an opportunity to submit 26
an application no earlier than January 1 and no later than May 1 June 1 to 27
enroll the student in the upcoming school year in any public school district 28
that is not classified by the state board as a public school district in need 29
of Level 5 — Intensive support under §§ 6-15-2913 and 6-15-2915 § 6-15-2913 30
or § 6-15-2915 or a public school within the resident district that does not 31
have a rating of “F” under §§ 6 -15-2105 and 6-15-2106 and state board rules. 32
(b) The opportunity to continue attending the 33
public school or school district that the student transfers to under this 34
section remains in effect until the student graduates from high school. 35
36 As Engrossed: S2/27/25 H3/12/25 SB167
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SECTION 3. Arkansas Code § 6 -18-227(d)(2)(C) and (D), concerning 1
notification to a student of his or her transfer into a nonresident district 2
under the Arkansas Opportunity Public School Choice Act, are amended to read 3
as follows: 4
(C) Except as provided in subdivision (b)(1)(B)(ii) of 5
this section, by July 1 of the school year in which the student seeks to 6
enroll in a nonresident district, the nonresident district shall notify the 7
parent or guardian of the student and the resident district in writing as to 8
whether the student's application has been accepted or rejected. 9
(D) If the parent or guardian of the student has applied 10
to attend a school within the student's resident district, the resident 11
district shall notify the parent or guardian of the student in writing as to 12
whether the student's application has been accepted or rejected by July 1. 13
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SECTION 4. Arkansas Code § 6 -18-227(m)(2)(D), concerning a Changing 15
Schools/Athletic Participation form required under the Arkansas Opportunity 16
Public School Choice Act, is amended to read as follows: 17
(D) A Changing Schools/Athletic Participation form shall 18
be used only for eligibility determination of a student who transfers to 19
another public school or nonresident school district under this section and 20
is enrolled in the receiving school district by July 1 before the student 21
enters grades seven through twelve (7 -12). 22
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SECTION 5. Arkansas Code § 6 -18-233(d), concerning the deadline by 24
which a request by a foster child to transfer to another public school or 25
public school district shall be submitted, is amended to read as follows: 26
(d)(1) A request to transfer under subsection (c) of this section 27
shall be: 28
(A) Made on a form approved by the division; and 29
(B) Postmarked no later than May 1 June 1 of the year in 30
which the student seeks to begin the fall semester at the public school 31
district. 32
(2)(A) By July 1 of the school year in which the student seeks 33
to transfer under this section, the superintendent of the public school 34
district shall notify the foster parent or the foster child, if the foster 35
child is over eighteen (18) years of age, in writing as to whether the foster 36 As Engrossed: S2/27/25 H3/12/25 SB167
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child's application has been accepted or rejected. 1
(B)(i) If the application is rejected, the superintendent 2
of the public school district shall state in the notification letter the 3
reason for rejection. 4
(ii) If the application is accepted, the 5
superintendent of the public school district shall state in the notification 6
letter a reasonable deadline by which the foster child shall enroll in the 7
public school district and after which the acceptance notification is null. 8
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SECTION 6. Arkansas Code § 6 -18-1904(f)(2)(D), concerning a Changing 10
Schools/Athletic Participation form under the Public School Choice Act of 11
2015, is amended to read as follows: 12
(D) A Changing Schools/Athletic Participation form shall 13
be used only for eligibility determination of a student who transfers to 14
another public school or nonresident school district under this subchapter 15
and is enrolled in the receiving school district by July 1 before the student 16
enters grades seven through twelve (7 -12). 17
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SECTION 7. Arkansas Code § 6 -18-1905(a)(1), concerning an application 19
to transfer under the Public School Choice Act of 2015, is amended to read as 20
follows: 21
(a)(1) An application under this section shall be accepted no earlier 22
than January 1 and no later than May 1 June 1 each year. 23
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SECTION 8. Arkansas Code § 6 -18-1905(a)(3), concerning the date by 25
which a student shall submit an application to transfer under the Public 26
School Choice Act of 2015, is amended to read as follows: 27
(3) If a student seeks to attend a school in a nonresident 28
district, the student's parent or guardian, or a student who is eighteen (18) 29
years of age or older, shall submit an application: 30
(A) To the nonresident district and to the student's 31
resident district; 32
(B) On a form approved by the Division of Elementary and 33
Secondary Education; and 34
(C) Postmarked or delivered no later than May 1 June 1 of 35
the year in which the student seeks to begin the fall semester at the 36 As Engrossed: S2/27/25 H3/12/25 SB167
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nonresident district, except as otherwise provided for dependents of 1
uniformed service members and uniformed service veterans under this 2
subchapter. 3
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SECTION 9. Arkansas Code § 6 -18-1905(e)(1), concerning the date by 5
which a nonresident district shall notify a student of his or her transfer 6
application's acceptance or rejection under the Public School Choice Act of 7
2015, is amended to read as follows: 8
(e)(1) By July 1 of the school year in which a student seeks to enroll 9
in a nonresident district under this subchapter, the superintendent of the 10
nonresident district shall notify the student's parent or guardian and the 11
resident district in writing as to whether the student's application has been 12
accepted or rejected. 13
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/s/A. Clark 15
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APPROVED: 4/14/25 18
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