Public-domain · open source
OpenJurist

Ark. Code Ann. § 6-18-1903

Public school choice program established

Applied in 2 court decisions — leading case Stevenson v. Blytheville School District # 5 (2015)

Most recently applied in Vincent Standridge, in His Personal Capacity as a Parent; And Minor Child, by and Through His Father and Next Friend, Vincent Standridge v. Fort Smith Public Schools; Dr. Terry Morawski, Superintendent, in His Official Capacity; Dalton Person, School Board President, in His Official Capacity; Phil Whiteaker, School Board Vice-President, in His Official Capacity; Davin Chitwood, School Board Secretary, in His Official Capacity; Matt Blaylock, Board Member, in His Official Capacity; Susan Kraft, Board Member, in Her Official Capacity; Lynnett Lott, Board Member, in Her Official Capacity; Talicia Richardson, Board Member, in Her Official Capacity; And Michael Beaumont, Director of Athletics & Activities, in His Official Capacity (April 2025)

Acts 2013, No. 1227, § 6; 2015, No. 560, § 4.

(1) A public school choice program is established to enable a student in kindergarten through grade twelve (K-12) to attend a school in a nonresident district, subject to the limitations under § 6-18-1906.

(2) Each school district shall participate in a public school choice program consistent with this subchapter.

(3) This subchapter does not require a school district to add teachers, staff, or classrooms or in any way to exceed the requirements and standards established by existing law.

(4) The board of directors of a public school district shall adopt by resolution specific standards for acceptance and rejection of applications under this subchapter.

(5) The standards: May include without limitation the capacity of a program, class, grade level, or school building;

(6) May include a claim of a lack of capacity by a school district only if the school district has reached at least ninety percent (90%) of the maximum authorized student population in a program, class, grade level, or school building;

(7) Shall include a statement that priority will be given to an applicant who has a sibling or stepsibling who: Resides in the same household; and

(8) Is already enrolled in the nonresident district by choice; and

(9) Shall not include an applicant's: Academic achievement;

(10) Athletic or other extracurricular ability;

(11) English proficiency level; or

(12) Previous disciplinary proceedings, except that an expulsion from another district may be included under § 6-18-510.

(13) A school district receiving transfers under this subchapter shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability.

(14) A nonresident district shall: Accept credits toward graduation that were awarded by another district; and

(15) Award a diploma to a nonresident student if the student meets the nonresident district's graduation requirements.

(16) The superintendent of a school district shall cause public announcements to be made over the broadcast media and either in the print media or on the internet to inform parents of students in adjoining districts of the: Availability of the program;

(17) Application deadline; and

(18) Requirements and procedure for nonresident students to participate in the program.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.