Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 205 3
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By: Senator A. Clark 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE ARKANSAS OPPORTUNITY PUBLIC 9
SCHOOL CHOICE ACT; TO AMEND THE PUBLIC SCHOOL CHOICE 10
ACT OF 2015; TO CLARIFY THAT A STUDENT MAY TRANSFER 11
BETWEEN SCHOOLS WITHIN THE STUDENT'S RESIDENT 12
DISTRICT UNDER THE ARKANSAS OPPORTUNITY PUBLIC SCHOOL 13
CHOICE ACT AND THE PUBLIC SCHOOL CHOICE ACT OF 2015; 14
AND FOR OTHER PURPOSES. 15
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17
Subtitle 18
TO AMEND THE ARKANSAS OPPORTUNITY PUBLIC 19
SCHOOL CHOICE ACT; AND TO AMEND THE 20
PUBLIC SCHOOL CHOICE ACT OF 2015. 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 -18-202(g), concerning a student's ability 25
to transfer to another school district, is amended to read as follows: 26
(g) This section shall not be construed to restrict a student's 27
ability to: 28
(1) Participate in a tuition agreement with a nonresident school 29
district; 30
(2) Officially transfer to another a nonresident school district 31
or another public school within a resident or nonresident school district 32
pursuant to the Public School Choice Act of 2015, § 6 -18-1901 et seq.; or 33
(3) Attend school as an international exchange student placed 34
with a host family by an international student exchange visitor placement 35
organization under the International Student Exchange Visitor Placement 36 SB205
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Organization Registration Act, § 6 -18-1701 et seq. 1
2
SECTION 2. Arkansas Code § 6-18-227(b)(1) and (2)(A), concerning the 3
eligibility requirements to participate in the public school choice program 4
under the Arkansas Opportunity Public School Choice Act, are amended to read 5
as follows: 6
(b)(1) Upon the request of a parent, guardian, or student, if the 7
student is eighteen (18) years of age or older, a student may transfer from 8
his or her resident district or public school to another a nonresident school 9
district or another public school within his or her resident school district 10
under this section if, at the time of the request under this subdivision 11
(b)(1): 12
(A) Either: 13
(i) The resident public school district has been 14
classified by the state board as a public school district in need of Level 5 15
— Intensive support under § 6 -15-2913 or § 6-15-2915; or 16
(ii) The resident public school in which he or she 17
is enrolled has a rating of “F” under §§ 6 -15-2105 and 6-15-2106 and state 18
board rules, as allowed in subdivision (b)(3)(B)(i)(b) of this section; and 19
(B) Except as provided in subsection (n) of this section, 20
the parent, guardian, or student, if the student is eighteen (18) years of 21
age or older, has notified both the resident and nonresident school 22
districts, if applicable, of the request for a transfer no earlier than 23
January 1 and no later than May 1 of the school year before the school year 24
in which the student intends to transfer. 25
(2)(A)(i) For the purposes of continuity of educational choice, 26
a transfer under this section shall operate as an irrevocable election for 27
each subsequent entire school year and shall remain in force until the 28
student completes high school or the parent, guardian, or student, if the 29
student is eighteen (18) years of age or older, timely makes application 30
under a provision of law governing attendance in or transfer to another 31
public school within the student's resident school district or a nonresident 32
school district other than the student's assigned school or resident 33
district. 34
(ii)(a) Except as provided in subsection (n) 35
of this section, a transfer under this section is effective at the beginning 36 SB205
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of the next academic year. 1
(b) A transfer of a student eligible under 2
subsection (n) of this section is effective immediately upon the nonresident 3
district's or other public school within the student's resident school 4
district's written notification of an acceptance. 5
6
SECTION 3. Arkansas Code § 6 -18-227(g), concerning the acceptance of a 7
transferring student's credits toward graduation under the Arkansas 8
Opportunity Public School Choice Act, is amended to read as follows: 9
(g)(1) A receiving district and a public school within a student's 10
resident school district that accepts a transferring student shall accept 11
credits toward graduation that were awarded by another public school district 12
or public school. 13
(2) The receiving district or public school within a student's 14
resident school district that accepts a transferring student shall award a 15
diploma to a nonresident student who transfers to the receiving district or 16
public school if the student meets the receiving district's or public 17
school's graduation requirements. 18
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SECTION 4. Arkansas Code § 6 -18-227(i), concerning excused absences of 20
students under the Arkansas Opportunity Public School Choice Act, is amended 21
to read as follows: 22
(i)(1) Unless excused by the receiving school district or public 23
school for illness or other good cause: 24
(A) Any student participating in the opportunity public 25
school choice option shall: 26
(i) Remain in attendance throughout the school year; 27
and 28
(ii) Comply fully with the school's code of conduct; 29
and 30
(B) The parent or guardian of each student participating 31
in the opportunity public school choice option shall comply fully with the 32
receiving public school's or school district's parental involvement 33
requirements. 34
(2) A participant who fails to comply with this section shall 35
forfeit the opportunity public school choice option. 36 SB205
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1
SECTION 5. Arkansas Code § 6 -18-1901(b)(3), concerning legislative 2
findings under the Public School Choice Act of 2015, is amended to read as 3
follows: 4
(3) These benefits of enhanced quality and effectiveness in our 5
public schools justify permitting a student to apply for admission to a 6
school in any resident or nonresident school district beyond the school 7
district in which the student resides , provided that the transfer by the 8
student does not conflict with an enforceable judicial decree or court order 9
remedying the effects of past racial segregation in the resident school 10
district or nonresident school district . 11
12
SECTION 6. Arkansas Code § 6 -18-1903(a), concerning the establishment 13
of a public school choice program under the Public School Choice Act of 2015, 14
is amended to read as follows: 15
(a) A public school choice program is established to enable a student 16
in kindergarten through grade twelve (K -12) to attend a school in a 17
nonresident district or another public school within a resident district , 18
subject to the limitations under § 6 -18-1906. 19
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SECTION 7. Arkansas Code § 6 -18-1903(e), concerning the transfer of 21
credits toward graduation and upon a transfer under the Public School Choice 22
Act of 2015, is amended to read as follows: 23
(e) A nonresident district or another public school within a resident 24
district shall: 25
(1) Accept credits toward graduation that were awarded by 26
another district or public school within a resident district ; and 27
(2) Award a diploma to a nonresident student who transfers under 28
this subchapter if the student meets the public school's or nonresident 29
district's graduation requirements. 30
31
SECTION 8. Arkansas Code § 6 -18-1904(b)-(f), concerning requirements 32
of students who transfer school districts or schools under the Public School 33
Choice Act of 2015, is amended to read as follows: 34
(b)(1) A student may accept only one (1) school choice transfer per 35
school year. 36 SB205
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(2)(A) A student who accepts a public school choice transfer may 1
return to his or her resident district or the public school within his or her 2
resident district from which he or she transferred during the school year. 3
(B) If a transfer student returns to his or her resident 4
district or the public school within his or her resident district from which 5
he or she transferred or enrolls in a private or home school, the student's 6
transfer is voided, and the student shall reapply if the student seeks a 7
future school choice transfer. 8
(c)(1) A transfer student attending a nonresident school or another 9
public school within his or her resident district under this subchapter may 10
complete all remaining school years at the nonresident district. 11
(2) A present or future sibling of a student who continues 12
enrollment in the nonresident district or another public school within his or 13
her resident district under this subsection and applies for a school choice 14
transfer under § 6-18-1905 may enroll in the nonresident district or other 15
public school within his or her resident district if the district or public 16
school has the capacity to accept the sibling without adding teachers, staff, 17
or classrooms or exceeding the regulations, rules, or standards established 18
by law. 19
(3) A present or future sibling of a student who continues 20
enrollment in the nonresident district or another public school within his or 21
her resident district and who enrolls in the nonresident district or other 22
public school within his or her resident district under subdivision (c)(2) of 23
this section may complete all remaining school years at the nonresident 24
district or other public school within his or her resident district . 25
(d)(1) The transfer student or the transfer student's parent is 26
responsible for the transportation of the transfer student to and from the 27
school in the nonresident district where the transfer student is enrolled. 28
(2) The In the event a student transfers to a nonresident 29
district under this subchapter, the nonresident district may enter into a 30
written agreement with the student, the student's parent, or the transfer 31
student's resident district to provide the transportation. 32
(e) For purposes of determining a school district's state aid, a 33
transfer student is counted as a part of the average daily membership of the 34
nonresident district where the transfer student is enrolled if a student 35
transfers to a nonresident district under this subchapter . 36 SB205
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(f)(1) A student who transfers to another public school within his or 1
her resident district or a nonresident district under this subchapter shall 2
not be: 3
(A) Denied participation in an extracurricular activity at 4
the public school within his or her resident district or nonresident district 5
to which he or she transfers based exclusively on his or her decision to 6
transfer to the public school within his or her resident district or 7
nonresident district; or 8
(B) Disciplined in any manner based exclusively on the 9
exercise of his or her right to transfer to another public school within his 10
or her resident district or a nonresident district under this subchapter. 11
(2)(A) However, a student who transfers to another public school 12
within his or her resident district or a nonresident school district under 13
this subchapter shall complete a Changing Schools/Athletic Participation form 14
as defined by the Arkansas Activities Association. 15
(B) A Changing Schools/Athletic Participation form shall 16
be completed and filed with the: 17
(i) Public school within the transfer student's 18
resident district or nonresident school district to which the student 19
transfers under this section; and 20
(ii) Arkansas Activities Association. 21
(C)(i) Before a student is eligible to participate in an 22
extracurricular activity at the public school within his or her resident 23
district or nonresident school district to which he or she transfers, the 24
Changing Schools/Athletic Participation form submitted by the student as 25
required under subdivision (f)(2)(B) of this section shall be signed by the: 26
(a) Superintendent of the student's resident 27
school district; 28
(b) Superintendent of the nonresident school 29
district to which the student transfers , if the student transfers to a 30
nonresident district ; and 31
(c) Parent, legal guardian, or person standing 32
in loco parentis to the student. 33
(ii) The superintendent of a student's resident 34
school district and the superintendent of the nonresident school district to 35
which a student transfers , or the superintendent of the student's resident 36 SB205
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district if the student is transferring schools within his or her resident 1
district, shall sign the Changing Schools/Athletic Participation form unless 2
there is demonstrable evidence: 3
(a) Of recruiting by the receiving school 4
district or receiving school personnel; or 5
(b) The student is transferring to the public 6
school within his or her resident district or the nonresident school district 7
solely for athletic purposes. 8
(D) A Changing Schools/Athletic Participation form shall 9
be used only for eligibility determination of a student who transfers to 10
another public school within his or her resident district or nonresident 11
school district under this subchapter and is enrolled in the receiving school 12
district by July 1 before the student enters grades seven through twelve (7 -13
12). 14
(E)(i) Public school district personnel and registered 15
volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 16
6-22-101 et seq., shall not recruit students to the public school at which 17
they are employed or volunteer for athletic purposes. 18
(ii) As used in this section, “recruiting” means the 19
use of undue influence or special inducement by an individual who is 20
connected directly or indirectly with a school that is a member of the 21
Arkansas Activities Association in an attempt to encourage, induce, pressure, 22
urge, or entice a prospective student of any age to transfer to the school or 23
retain a student at the school for the purpose of participating in 24
extracurricular activities. 25
(3) As used in subdivision (f)(1) of this section, 26
“extracurricular activity” means an interschool activity not included in a 27
regular curriculum, including without limitation sports and special interest 28
clubs or groups. 29
30
SECTION 9. Arkansas Code § 6 -18-1905 is amended to read as follows: 31
6-18-1905. Application for transfer. 32
(a)(1) An application under this section shall be accepted no earlier 33
than January 1 and no later than May 1 each year. 34
(2)(A) Each school district shall have a policy stating the 35
method by which a parent or guardian of a student, or a student who is 36 SB205
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eighteen (18) years of age or older, may submit a school choice application, 1
including without limitation: 2
(i) Regular mail; 3
(ii) Email; and 4
(iii) Hand delivery. 5
(B) A public school district shall not require in -person 6
filing of an application. 7
(3) If a student seeks to attend a school in a nonresident 8
district or another school within his or her resident district , the student's 9
parent or guardian, or a student who is eighteen (18) years of age or older, 10
shall submit an application: 11
(A) To the nonresident district and to the student's 12
resident district, or only to the student's resident district if the student 13
is applying to transfer to another public school within his or her resident 14
district; 15
(B) On a form approved by the Division of Elementary and 16
Secondary Education; and 17
(C) Postmarked or delivered no later than May 1 of the 18
year in which the student seeks to begin the fall semester at the nonresident 19
district or another public school within the student's resident district , 20
except as otherwise provided for dependents of uniformed service members and 21
uniformed service veterans under this subchapter. 22
(b) Both the nonresident district and the resident district , or only 23
the resident district if a student applies to transfer to another public 24
school within his or her resident district, shall, upon receipt of the 25
application submitted under subsection (a) of this section , place a date and 26
time stamp on the application that reflects the date and time each the 27
nonresident district or the resident district if a student applies to 28
transfer to another public school within his or her resident district 29
received the application. 30
(c) A nonresident district or a resident district if a student applied 31
to transfer to another public school within his or her resident district 32
shall review and make a determination on each application in the order in 33
which the application was received by the nonresident district or the 34
resident district if a student applied to transfer to another public school 35
within his or her resident district . 36 SB205
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(d) Before accepting or rejecting an application, a nonresident 1
district or a resident district if a student applied to transfer to another 2
public school within his or her resident district shall determine whether the 3
limitation under § 6 -18-1906 applies to the application. 4
(e)(1) By July 1 of the school year in which a student seeks to enroll 5
in a nonresident district or a resident district if the student seeks to 6
enroll in another public school within his or her resident district under 7
this subchapter, the superintendent of the nonresident district or the 8
superintendent of the resident district if the student applies to transfer to 9
another public school within his or her resident district shall notify the 10
student's parent or guardian and the resident district , if applicable, in 11
writing as to whether the student's application has been accepted or 12
rejected. 13
(2) If an application is rejected, the superintendent of the 14
nonresident district or the superintendent of the resident district if the 15
student applies to transfer to another public school within his or her 16
resident district shall state in the notification letter the reason for 17
rejection. 18
(3) If an application is accepted, the superintendent of the 19
nonresident district or the superintendent of the resident district if the 20
student applied to transfer to another public school within his or her 21
resident district shall state in the notification letter a reasonable 22
deadline by which the student shall enroll in the nonresident district or the 23
resident district if the student applied to transfer to another public school 24
within his or her resident district and after which the acceptance 25
notification is null. 26
(4) [Repealed.] 27
(f)(1) For each application received under this section, the 28
nonresident district or the resident district if the student applied to 29
transfer to another public school within his or her resident district shall 30
notify the applicant in writing as to whether the student's application has 31
been accepted or rejected within fifteen (15) calendar days of the 32
nonresident district's or resident district's receipt of the application. 33
(2) A transfer of the student is effective immediately upon the 34
nonresident district's or resident district's written notification of an 35
acceptance. 36 SB205
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1
SECTION 10. Arkansas Code § 6 -18-1907(b), concerning rules promulgated 2
by the State Board of Education under the Public School Choice Act of 2015, 3
is amended to read as follows: 4
(b)(1) A student whose application for a transfer under § 6 -18-1905 is 5
rejected by the a nonresident district or a resident district if the student 6
applied to transfer to another public school within his or her resident 7
district may request a hearing before the state board to reconsider the 8
transfer. 9
(2)(A) A request for a hearing before the state board under 10
subdivision (b)(1) of this section shall be in writing and shall be 11
postmarked no later than ten (10) days after the student or the student's 12
parent receives a notice of rejection of the application under § 6 -18-1905. 13
(B) As part of the review process, the student or the 14
student's parent may submit supporting documentation that the transfer would 15
be in the best educational, social, or psychological interest of the student. 16
(3) If the state board overturns the determination of the 17
nonresident district or the resident district if the student applied to 18
transfer to another public school within his or her resident district on 19
appeal, the state board shall notify the parent, the nonresident district, if 20
applicable, and the resident district of the basis for the state board's 21
decision. 22
(4) A student is not permitted to request a hearing before the 23
state board if his or her application for a transfer is rejected due to the 24
application's not being timely received by both the resident district and 25
nonresident district , if applicable. 26
27
SECTION 11. Arkansas Code § 6 -18-1909(b), concerning eligibility for 28
dependents of uniformed service members and uniformed service veterans to 29
transfer schools or school districts under the Public School Choice Act of 30
2015, is amended to read as follows: 31
(b) If a student eligible under subsection (a) of this section seeks 32
to attend a school in a nonresident district or a different public school 33
within a resident district , the student's parent, legal guardian, or person 34
standing in loco parentis to the student shall submit an application approved 35
by the Division of Elementary and Secondary Education by regular mail, 36 SB205
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electronic mail, or in person to the student's nonresident district , if 1
applicable, and resident district, which includes: 2
(1) A copy of the identification card of the student's parent, 3
legal guardian, or person standing in loco parentis that qualifies the 4
student under this section; and 5
(2) A copy of the official orders, assignment notification, or 6
notice of mobilization of the student's parent, legal guardian, or person 7
standing in loco parentis. 8
9
SECTION 12. Arkansas Code § 6 -18-1909(e), concerning transportation of 10
a student who is a dependent of a uniformed service member or a uniformed 11
service veteran under the Public School Choice Act of 2015, is amended to 12
read as follows: 13
(e) The parent, legal guardian, or person standing in loco parentis to 14
a student eligible for a school transfer under this section shall be 15
responsible for the transportation of his or her child to and from a 16
nonresident district if the student transferred to a nonresident district . 17
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