Arkansas § 6-18-1906 - Limitations.

§ 6-18-1906. Limitations.

If the provisions of this subchapter conflict with a provision of an enforceable desegregation court order or a district's court-approved desegregation plan, either of which explicitly limits the transfer of students between school districts, the provisions of the order or plan shall govern. Annually by January 1, a school district that claims a conflict under subdivision (a)(1) of this section shall submit proof from a federal court to the Division of Elementary and Secondary Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan that explicitly limits the transfer of students between school districts. Proof submitted under subdivision (a)(2) of this section shall contain the following: Documentation that the desegregation order or court-approved desegregation plan is still active and enforceable; and Documentation showing the specific language the school district believes limits its participation in the school choice provisions of this subchapter. Within thirty (30) calendar days of receipt of proof under subdivision (a)(2) of this section, the division shall notify the school district whether it is required to participate in the school choice provisions of this subchapter. The division may reject incomplete submissions. If the division does not provide a written exemption to the school district, then the school district shall be required to participate in the school choice provisions of this subchapter. The division shall maintain on its website a list of school districts that are not required to participate in the school choice provisions of this subchapter. The State Board of Education may review a decision of the division upon written petition of the affected school district and may affirm or reverse the decision of the division under the rules promulgated by the state board to implement this subsection. There is established a numerical net maximum limit on school choice transfers each school year from a school district, less any school choice transfers into the school district, under this section of not more than three percent (3%) of the enrollment that exists in the school district as of October 1 of the immediately preceding school year. If the application for a transfer that causes the school district to meet or exceed the three-percent numerical net maximum limit under subdivision (b)(1)(A) of this section is on behalf of a sibling group, then the school district shall allow all siblings in the sibling group to exercise school choice under this subchapter. A student eligible to transfer to a nonresident district under § 6-15-430(c)(1) [repealed], the Arkansas Opportunity Public School Choice Act, § 6-18-227, § 6-18-233, or § 6-21-812 shall not count against the cap of three percent (3%) of the resident or nonresident district. Annually by December 15, the division shall report to each school district the net maximum number of school choice transfers for the next school year. If a student is unable to transfer due to the limits under this subsection, the resident district shall give the student priority for a transfer in the first school year in which the district is no longer subject to subdivision (b)(1) of this section in the order that the resident district receives notices of applications under § 6-18-1905, as evidenced by a notation made by the district on the applications indicating date and time of receipt.