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005.28.8-2-5.00. Appeal and Reporting

AR ADC 005.28.8-2-5.00Arkansas Administrative CodeEffective: May 2, 2022

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 8. Rules Governing Public School Choice
Chapter 2. The Arkansas Public School Choice Act of 2015
Effective: May 2, 2022
Ark. Admin. Code 005.28.8-2-5.00
005.28.8-2-5.00. Appeal and Reporting
Currentness
2-5.01 A parent or guardian, or student if the student is over eighteen (18) years of age, whose application for a transfer under Ark. Code Ann. § 6-18-1905 and Section 2-3.00 of these rules is rejected may request a hearing before the State Board of Education to reconsider the application for transfer.
2-5.01.1 A request for a hearing before the State Board of Education shall be in writing and shall be postmarked no later than ten (10) calendar days, excluding weekends and legal holidays, after the student or the student's parent or guardian (hereafter “appealing party”) receives a notice of rejection of the application under Ark. Code Ann. § 6-18-1905 and Section 2-3.00 of these rules and shall be mailed to:
Division of Elementary and Secondary Education
Attn: Legal Services Unit
Four Capitol Mall
Little Rock, AR 72201
2-5.01.2 Contemporaneously with the filing of the written appeal with the Division's Legal Services Unit, the appealing party must also mail a copy of the written appeal to the superintendent of the nonresident school district.
2-5.01.3 In its written appeal, the appealing party shall state his or her basis for appealing the decision of the nonresident district.
2-5.01.4 The appealing party shall submit, along with its written appeal, a copy of the notice of rejection from the nonresident school district.
2-5.01.5 Upon receipt of the written appeal, the Division of Elementary and Secondary Education shall notify the nonresident and resident districts of the appeal. Both districts may submit, in writing, any additional information, evidence, or arguments supporting its rejection of the student's application by mailing such response to the State Board of Education. Such response shall be postmarked no later than ten (10) days after the districts receive notice of the student or parent's appeal. Any response shall be mailed to:
Division of Elementary and Secondary Education
Attn: Legal Services Unit
Four Capitol Mall
Little Rock, AR 72201
2-5.01.6 The Division shall notify the appealing party, the nonresident district, and the resident district of the date, time, and location of the hearing before the State Board of Education.
2-5.01.7 As part of the review process, the appealing party may submit supporting documentation that the transfer would be in the best educational, social, or psychological interest of the student.
2-5.01.8 If the State Board of Education overturns the determination of the nonresident district on appeal, the State Board of Education shall notify the appealing party, the nonresident district, and the resident district of the basis for the State Board of Education's decision.
2-5.02 An applicant is not permitted to request a hearing before the State Board if his or her application for a transfer is rejected due to the application not being timely received by both the resident district and nonresident district.

Credits

Adopted Jan. 6, 2020. Amended May 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.8-2-5.00, AR ADC 005.28.8-2-5.00
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