Stricken language would be deleted from and underlined language would be added to present law.
Act 732 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 624 3
4
By: Senators B. Davis, J. Dotson 5
By: Representative McCollum 6
7
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 ALLOW A STUDENT TO TRANSFER TO 11
ANOTHER PUBLIC SCHOOL WITHIN HIS OR HER RESIDENT 12
DISTRICT; AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
TO AMEND THE ARKANSAS OPPORTUNITY PUBLIC 17
SCHOOL CHOICE ACT; TO AMEND THE PUBLIC 18
SCHOOL CHOICE ACT OF 2015; AND TO ALLOW 19
A STUDENT TO TRANSFER TO ANOTHER PUBLIC 20
SCHOOL WITHIN HIS OR HER RESIDENT 21
DISTRICT. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code § 6-18-202(g), concerning the interpretation 26
of the law concerning student attendance requirements, is amended to read as 27
follows: 28
(g) This section shall not be construed to restrict a student's 29
ability to: 30
(1) Participate in a tuition agreement with a nonresident school 31
district for any tuition or fees that also apply to students assigned to the 32
school district; 33
(2) Officially transfer to another a nonresident school district 34
or another public school within a resident or nonresident school district 35
pursuant to the Public School Choice Act of 2015, § 6 -18-1901 et seq.; or 36 SB624
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(3) Attend school as an international exchange student placed 1
with a host family by an international student exchange visitor placement 2
organization under the International Student Exchange Visitor Placement 3
Organization Registration Act, § 6 -18-1701 et seq. 4
5
SECTION 2. Arkansas Code § 6 -18-227(b)(1), concerning the transfer of 6
a student to another school district or public school under the Arkansas 7
Opportunity Public School Choice Act, is amended to read as follows: 8
(b)(1) Upon the request of a parent, guardian, or student, if the 9
student is eighteen (18) years of age or older, a student may transfer from 10
his or her resident district or public school to another a nonresident school 11
district or another public school within his or her resident school district 12
under this section if, at the time of the request under this subdivision 13
(b)(1): 14
(A) Either: 15
(i) The resident public school district has been 16
classified by the state board as a public school district in need of Level 5 17
— Intensive support under § 6 -15-2913 or § 6-15-2915; or 18
(ii) The resident public school in which the student 19
is enrolled has a rating of “F” under §§ 6 -15-2105 and 6-15-2106 and state 20
board rules, as allowed in subdivision (b)(3)(B)(i)(b) of this section; and 21
or 22
(iii) The parent, legal guardian, or student if the 23
student is eighteen (18) years of age or older believes it is in the best 24
interest of the student to transfer to a nonresident school district or 25
another public school within his or her resident school district; and 26
(B) Except as provided in subsection (n) of this section, 27
the parent, guardian, or student, if the student is eighteen (18) years of 28
age or older, has notified both the resident and nonresident school districts 29
of the request for a transfer no earlier than January 1 and no later than May 30
1 of the school year before the school year in which the student intends to 31
transfer. 32
33
SECTION 3. Arkansas Code § 6 -18-227(b)(2)(A), concerning the effective 34
date of a transfer under the Arkansas Opportunity Public School Choice Act, 35
is amended to read as follows: 36 SB624
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(2)(A)(i) For the purposes of continuity of educational choice, 1
a transfer under this section shall operate as an irrevocable election for 2
each subsequent entire school year and shall remain in force until the 3
student completes high school or the parent, guardian, or student, if the 4
student is eighteen (18) years of age or older, timely makes application 5
under a provision of law governing attendance in or transfer to another 6
public school within the student's resident school district or a nonresident 7
school district other than the student's assigned school or resident 8
district. 9
(ii)(a) Except as provided in subsection (n) of this 10
section, a transfer under this section is effective at the beginning of the 11
next academic year. 12
(b) A transfer of a student eligible under 13
subsection (n) of this section is effective immediately upon the nonresident 14
district's written notification of an acceptance from the nonresident 15
district or other public school within the student's resident school 16
district. 17
18
SECTION 4. Arkansas Code § 6 -18-227(d)(2)(A)(ii), concerning a lack of 19
capacity claimed by a school district under the Arkansas Opportunity Public 20
School Choice Act, is amended to read as follows: 21
(ii) A lack of capacity may be claimed by a school 22
district only if: 23
(a)(1) The school district nonresident school 24
has reached the maximum student -to-teacher ratio allowed under federal law, 25
state law, the rules for standards for accreditation Rules Governing the 26
Standards for Accreditation for Arkansas Public Schools and School Districts , 27
state rules, or other applicable federal regulations . 28
(2) A school district may claim a lack 29
of capacity if, on the date the application for opportunity school choice 30
option is made under this section, ninety -five percent (95%) or more of the 31
seats at the grade level in which the student would be assigned at the 32
nonresident school are filled ; and 33
(b) The claim is consistent with state and 34
federal law. 35
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SECTION 5. Arkansas Code § 6 -18-227(g), concerning credits towards 1
graduation for transferring students under the Arkansas Opportunity Public 2
School Choice Act, is amended to read as follows: 3
(g)(1) A receiving district or a public school within a student's 4
resident school district that accepts a transferring student shall accept 5
credits toward graduation that were awarded by another district. 6
(2) The receiving district or public school within a student's 7
resident school district that accepts a transferring student shall award a 8
diploma to a nonresident student who transfers to the receiving school 9
district or public school within the student's resident school district if 10
the student meets the receiving district's or public school's graduation 11
requirements. 12
13
SECTION 6. Arkansas Code § 6 -18-227(i), concerning requirements for 14
students transferring under the Arkansas Opportunity Public School Choice 15
Act, is amended to read as follows: 16
(i)(1) Unless excused by the receiving school district for illness or 17
other good cause: 18
(A) Any student participating in the opportunity public 19
school choice option shall: 20
(i) Remain in attendance throughout the school year; 21
and 22
(ii) Comply fully with the school's code of conduct; 23
and 24
(B) The parent or guardian of each student participating 25
in the opportunity public school choice option shall comply fully with the 26
receiving public school's or school district's parental involvement 27
requirements. 28
(2) A participant who fails to comply with this section shall 29
forfeit the opportunity public school choice option. 30
31
SECTION 7. Arkansas Code § 6 -18-1901(b)(3), concerning legislative 32
findings under the Public School Choice Act of 2015, is amended to read as 33
follows: 34
(3) These benefits of enhanced quality and effectiveness in our 35
public schools justify permitting a student to apply for admission to a 36 SB624
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school in any school resident or nonresident district beyond the school 1
district in which the student resides, provided that the transfer by the 2
student does not conflict with an enforceable judicial decree or court order 3
remedying the effects of past racial segregation in the resident school 4
district or nonresident school district . 5
6
SECTION 8. Arkansas Code § 6 -18-1903 is amended to read as follows: 7
6-18-1903. Public school choice program established. 8
(a) A public school choice program is established to enable a student 9
in kindergarten through grade twelve (K -12) to attend a school in a 10
nonresident district or another public school within a resident district , 11
subject to the limitations under § 6 -18-1906. 12
(b)(1) Each school district shall participate in a public school 13
choice program that allows students to attend any resident school or 14
nonresident district, consistent with this subchapter. 15
(2) Each school district shall: 16
(A) Establish a policy that allows an enrolled student to 17
transfer to another public school within a student's resident or nonresident 18
district; and 19
(B) Publicly post the policies and procedures for a 20
student to apply for a transfer as permitted under subdivision (b)(2)(A) of 21
this section. 22
(c)(1) A school district shall not deny a student the ability to 23
attend a school in the student's school district of choice under this section 24
unless there is a lack of capacity at the school in the student's school 25
district of choice. 26
(2) A lack of capacity may be claimed by a school district only 27
if: 28
(A)(i) The school district nonresident school has reached 29
the maximum student-to-teacher ratio allowed under federal law, state law, 30
the rules for standards for accreditation Rules Governing the Standards for 31
Accreditation for Arkansas Public Schools and School Districts , state rules, 32
or other applicable federal regulations . 33
(ii) A school district may claim a lack of capacity 34
if, on the date the application for public school choice is made under this 35
subchapter, ninety-five percent (95%) or more of the seats at the grade level 36 SB624
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in which the student would be assigned at the nonresident school are filled ; 1
and 2
(B) The claim is consistent with state and federal law. 3
(3) A school district receiving transfers under this section 4
shall not discriminate on the basis of gender, national origin, race, 5
ethnicity, religion, or disability, or residential address . 6
(d)(1) The board of directors of a public school district shall adopt 7
by resolution specific standards for acceptance and rejection of applications 8
under this subchapter. 9
(2) The standards: 10
(A) May include without limitation the capacity of a 11
program, class, grade level, or school building; 12
(B) May include a claim of a lack of capacity by a school 13
district only if the school district has reached at least ninety percent 14
(90%) of the maximum authorized student population in a program, class, grade 15
level, or school building; 16
(C) Shall include a statement that priority will be given 17
to an applicant who has a sibling or stepsibling who: 18
(i) Resides in the same household; and 19
(ii) Is already enrolled in the nonresident district 20
or other public school within the resident district by choice; and 21
(D)(B) Shall not include an applicant's: 22
(i) Academic achievement; 23
(ii) Athletic or other extracurricular ability; 24
(iii) English proficiency level; or 25
(iv) Previous disciplinary proceedings, except that 26
an expulsion from another district may be included under § 6 -18-510. 27
(3) A school district or another public school within a school 28
district receiving transfers under this subchapter shall not discriminate on 29
the basis of gender, national origin, race, ethnicity, religion, or 30
disability. 31
(e) A nonresident district or another public school within a resident 32
district shall: 33
(1) Accept credits toward graduation that were awarded by 34
another district or other public school within a resident district ; and 35
(2) Award a diploma to a nonresident student who transfers under 36 SB624
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this subchapter if the student meets the nonresident district's or public 1
school's graduation requirements. 2
(f) The superintendent of a school district shall cause public 3
announcements to be made over the broadcast media and either in the print 4
media or on the internet to inform parents of students in adjoining districts 5
and within the school district of the: 6
(1) Availability of the public school choice program; 7
(2) Application deadline; and 8
(3) Requirements and procedure for nonresident students to 9
participate in the public school choice program. 10
11
SECTION 9. Arkansas Code § 6 -18-1904 is amended to read as follows: 12
6-18-1904. General provisions — Definitions. 13
(a) The transfer of a student under the Arkansas Public School Choice 14
Act of 1989, § 6-18-206 [repealed], or the Public School Choice Act of 2015, 15
§ 6-18-1901 et seq., is not voided by this subchapter and shall be treated as 16
a transfer under this subchapter. 17
(b)(1) A student may accept only one (1) school choice transfer per 18
school year. 19
(2)(A) A student who accepts a public school choice transfer may 20
return to his or her resident district or the public school within his or her 21
resident district from which he or she transferred during the school year. 22
(B) If a transfer student returns to his or her resident 23
district or the public school within his or her resident district from which 24
he or she transferred or enrolls in a private or home school, the student's 25
transfer is voided, and the student shall reapply if the student seeks a 26
future school choice transfer. 27
(c)(1) A transfer student attending a nonresident school or another 28
public school within the student's resident district under this subchapter 29
may complete all remaining school years at the nonresident district. 30
(2) A present or future sibling of a student who continues 31
enrollment in the nonresident district or another public school within his or 32
her resident district under this subsection and applies for a school choice 33
transfer under § 6-18-1905 may enroll in the nonresident district or the 34
other public school within his or her resident district if the nonresident 35
district or the public school has the capacity to accept the sibling without 36 SB624
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adding teachers, staff, or classrooms or exceeding the regulations, rules, or 1
standards established by law. 2
(3) A present or future sibling of a student who continues 3
enrollment in the nonresident district or another public school within his or 4
her resident district and who enrolls in the nonresident district or the 5
other public school within his or her resident district under subdivision 6
(c)(2) of this section may complete all remaining school years at the 7
nonresident district or the other public school within his or her resident 8
district. 9
(d)(1) The transfer student or the transfer student's parent is 10
responsible for the transportation of the transfer student to and from the 11
school in the nonresident district where the transfer student is enrolled. 12
(2) The If a student transfers to a nonresident district under 13
this subchapter, the nonresident district may enter into a written agreement 14
with the student, the student's parent, or the transfer student's resident 15
district to provide the transportation. 16
(e) For purposes of determining a school district's state aid, a 17
transfer student is counted as a part of the average daily membership of the 18
nonresident district where the transfer student is enrolled if the student 19
transfers to a nonresident district under this subchapter . 20
(f)(1) A student who transfers to another public school within his or 21
her resident district or a nonresident district under this subchapter shall 22
not be: 23
(A) Denied participation in an extracurricular activity at 24
the public school within his or her resident district or nonresident district 25
to which he or she transfers based exclusively on his or her decision to 26
transfer to the public school or nonresident district; or 27
(B) Disciplined in any manner based exclusively on the 28
exercise of his or her right to transfer to another public school within his 29
or her resident district or a nonresident district under this subchapter. 30
(2)(A) However, a student who transfers to another public school 31
or a nonresident school district under this subchapter shall complete a 32
Changing Schools/Athletic Participation form as defined by the Arkansas 33
Activities Association. 34
(B) A Changing Schools/Athletic Participation form shall 35
be completed and filed with the: 36 SB624
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(i) Public school within his or her resident 1
district or nonresident school district to which the student transfers under 2
this section; and 3
(ii) Arkansas Activities Association. 4
(C)(i) Before a student is eligible to participate in an 5
extracurricular activity at the public school within his or her resident 6
district or nonresident school district to which he or she transfers, the 7
Changing Schools/Athletic Participation form submitted by the student as 8
required under subdivision (f)(2)(B) of this section shall be signed by the: 9
(a) Superintendent of the student's resident 10
school district; 11
(b) Superintendent of the nonresident school 12
district to which the student transfers if the student transfers to a 13
nonresident district under this subchapter ; and 14
(c) Parent, legal guardian, or person standing 15
in loco parentis to the student. 16
(ii) The superintendent of a student's resident 17
school district and the superintendent of the nonresident school district to 18
which a student transfers , or the superintendent of the student's resident 19
district if the student is transferring to another public school within his 20
or her resident district, shall sign the Changing Schools/Athletic 21
Participation form unless there is demonstrable evidence: 22
(a) Of recruiting by the receiving school 23
district or public school personnel; or 24
(b) The student is transferring to the public 25
school within his or her resident district or the nonresident school district 26
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 within his or her resident district or nonresident 30
school district under this subchapter and is enrolled in the receiving school 31
district or by July 1 before the student enters grades seven through twelve 32
(7-12). 33
(E)(i) Public school district personnel and registered 34
volunteers, as defined by the Arkansas Registered Volunteers Program Act, § 35
6-22-101 et seq., shall not recruit students to the public school at which 36 SB624
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they are employed or volunteer for athletic purposes. 1
(ii) As used in this section, “recruiting” means the 2
use of undue influence or special inducement by an individual who is 3
connected directly or indirectly with a school that is a member of the 4
Arkansas Activities Association in an attempt to encourage, induce, pressure, 5
urge, or entice a prospective student of any age to transfer to the school or 6
retain a student at the school for the purpose of participating in 7
extracurricular activities. 8
(3) As used in subdivision (f)(1) of this section, 9
“extracurricular activity” means an interschool activity not included in a 10
regular curriculum, including without limitation sports and special interest 11
clubs or groups. 12
13
SECTION 10. Arkansas Code § 6 -18-1905 is amended to read as follows: 14
6-18-1905. Application for transfer. 15
(a)(1) An application under this section shall be accepted no earlier 16
than January 1 and no later than May 1 each year. 17
(2)(A) Each school district shall have a policy stating the 18
method by which a parent or guardian of a student, or a student who is 19
eighteen (18) years of age or older, may submit a school choice application, 20
including without limitation: 21
(i) Regular mail; 22
(ii) Email; and 23
(iii) Hand delivery. 24
(B) A public school district shall not require in -person 25
filing of an application. 26
(C) Each school district shall determine for each school 27
within the school district the capacity of each school and each grade level. 28
(3) If a student seeks to attend a school in a nonresident 29
district or another school within his or her resident district , the student's 30
parent or guardian, or a student who is eighteen (18) years of age or older, 31
shall submit an application: 32
(A) To the nonresident district and to the student's 33
resident district, or only to the resident district if the student is 34
applying to transfer to another public school within his or her resident 35
district; 36 SB624
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(B) On a form approved by the Division of Elementary and 1
Secondary Education; and 2
(C) Postmarked or delivered no later than May 1 of the 3
year in which the student seeks to begin the fall semester at the nonresident 4
district or other public school within the student's resident district , 5
except as otherwise provided for dependents of uniformed service members and 6
uniformed service veterans under this subchapter. 7
(b) Both the nonresident district and the resident district , or only 8
the resident district if a student applies to transfer to another public 9
school within his or her resident district, shall, upon receipt of the 10
application submitted under subsection (a) of this section , place a date and 11
time stamp on the application that reflects the date and time each the 12
nonresident district or resident district if a student applies to transfer to 13
another public school within his or her resident district received the 14
application. 15
(c) A nonresident district or a resident district if a student applies 16
to transfer to another public school within his or her resident district 17
shall review and make a determination on each application in the order in 18
which the application was received by the nonresident district or resident 19
district. 20
(d) Before accepting or rejecting an application, a nonresident 21
district or a resident district if a student applies to transfer to another 22
public school within his or her resident district shall determine whether the 23
limitation under § 6 -18-1906 applies to the application. 24
(e)(1) By July 1 of the school year in which a student seeks to enroll 25
in a nonresident district or a resident district if a student seeks to enroll 26
in another public school within his or her resident district under this 27
subchapter, the superintendent of the nonresident district or the 28
superintendent of the resident district if the student applies to transfer to 29
another public school within his or her resident district shall notify the 30
student's parent or guardian and the resident district , if applicable, in 31
writing as to whether the student's application has been accepted or 32
rejected. 33
(2) If an application is rejected, the superintendent of the 34
nonresident district or the superintendent of the resident district if the 35
student applies to transfer to another public school within his or her 36 SB624
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resident district shall state in the notification letter the reason for 1
rejection. 2
(3) If an application is accepted, the superintendent of the 3
nonresident district or the superintendent of the resident district if the 4
student applies to transfer to another public school within his or her 5
resident district shall state in the notification letter a reasonable 6
deadline by which the student shall enroll in the nonresident district or the 7
resident district if the student applies to transfer to another public school 8
within his or her resident district and after which the acceptance 9
notification is null. 10
(f)(1) For each application received under this section, the a 11
nonresident district or a resident district if a student applies to transfer 12
to another public school within his or her resident district shall notify the 13
applicant in writing as to whether the student's application has been 14
accepted or rejected within fifteen (15) calendar days of the nonresident 15
district's or resident district's receipt of the application. 16
(2) A transfer of the student is effective immediately upon the 17
nonresident district's or resident district's written notification of an 18
acceptance. 19
(g)(1) Each school district shall report annually to the Secretary of 20
the Department of Education the number of transfer applications, acceptances, 21
denials, and reasons for each denial under this subchapter. 22
(2) The data received by the secretary under subdivision (g)(1) 23
of this section shall be published annually on the Division of Elementary and 24
Secondary Education website. 25
26
SECTION 11. Arkansas Code § 6-18-1907(b), concerning rules promulgated 27
under the Public School Choice Act of 2015, is amended to read as follows: 28
(b)(1) A student whose application for a transfer under § 6 -18-1905 is 29
rejected by the a nonresident district or a resident district if a student 30
applies to transfer to another public school within his or her resident 31
district may request a hearing before the state board to reconsider the 32
transfer. 33
(2)(A) A request for a hearing before the state board under 34
subdivision (b)(1) of this section shall be in writing and shall be 35
postmarked no later than ten (10) days after the student or the student's 36 SB624
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parent or legal guardian, as applicable, receives a notice of rejection of 1
the application under § 6 -18-1905. 2
(B) As part of the review process, the a student or a 3
parent or legal guardian of the student may submit supporting documentation 4
that the transfer would be in the best educational, social, or psychological 5
interest of the student. 6
(3) If the state board overturns the determination of the 7
nonresident district or resident district if the student applied to transfer 8
to another public school within his or her resident district on appeal, the 9
state board shall notify the parent, the nonresident district, if applicable, 10
and the resident district of the basis for the state board's decision. 11
(4) A student is not permitted to request a hearing before the 12
state board if his or her application for a transfer is rejected due to the 13
application's not being timely received by both the resident district and 14
nonresident district , if applicable. 15
16
SECTION 12. Arkansas Code § 6 -18-1909(b), concerning an application of 17
a child who is a dependent of certain uniformed service members under the 18
Public School Choice Act of 2015, is amended to read as follows: 19
(b) If a student eligible under subsection (a) of this section seeks 20
to attend a school in a nonresident district or another public school within 21
his or her resident district , the student's parent, legal guardian, or person 22
standing in loco parentis to the student shall submit an application approved 23
by the Division of Elementary and Secondary Education by regular mail, 24
electronic mail, or in person to the student's nonresident district , if 25
applicable, and resident district, which includes: 26
(1) A copy of the identification card of the student's parent, 27
legal guardian, or person standing in loco parentis that qualifies the 28
student under this section; and 29
(2) A copy of the official orders, assignment notification, or 30
notice of mobilization of the student's parent, legal guardian, or person 31
standing in loco parentis. 32
33
SECTION 13. Arkansas Code § 6 -18-1909(e), concerning the 34
transportation of a child who is a dependent of certain uniformed service 35
members and who transfers under the Public School Choice Act of 2015, is 36 SB624
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amended to read as follows: 1
(e) The parent, legal guardian, or person standing in loco parentis to 2
a student eligible for a school transfer under this section shall be 3
responsible for the transportation of his or her child to and from a 4
nonresident district if the student transfers to a nonresident district under 5
this subchapter. 6
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