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005.28.8-2-3.00. Application for Transfer

AR ADC 005.28.8-2-3.00Arkansas 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 005.28.8-2-3.00
005.28.8-2-3.00. Application for Transfer
Currentness
2-3.01 If a student seeks to attend a school in a nonresident district, the student's parent or guardian, or student over the age of eighteen (18), shall submit an application:
2-3.01.1 To the nonresident district and to the student's resident district;
2-3.01.2 On the form approved by the Division; and
2-3.01.3 Postmarked or delivered no earlier than January 1 and no later than May 1 of the year in which the student seeks to begin the fall semester at the nonresident district.
2-3.02 Both the resident district and the nonresident district shall, upon receipt of the application, place a date and time stamp on the application that reflects the date and time each district received the application.
2-3.03 Before accepting or rejecting an application, a nonresident district shall determine whether:
2-3.03.1 One of the limitations under Ark. Code Ann. § 6-18-1906 and Chapter 2, Section 2-4.00 of these rules applies to the application; and
2-3.03.2 The resident district has met its numerical net maximum limit on school choice transfers under Ark. Code Ann. § 6-18-1906.
2-3.03.2.1 The nonresident district shall contact the resident district to determine whether the resident district has met its net maximum limit on school choice transfers.
2-3.03.2.2 In determining whether a resident district has met its net maximum limit on school choice transfers, the nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.
2-3.03.2.3 If the resident district has met its numerical net maximum limit on school choice transfers, the nonresident district shall issue a rejection of the affected school choice application.
2-3.03.2.4 If an applicant under this section has been rejected due to the numerical net maximum limit, then the applicant shall retain priority for a transfer under these rules until July 1 and be reconsidered when the resident district is no longer at the numerical net maximum limit.
2-3.03.2.5 The resident district shall promptly notify the nonresident district when it is no longer at its numerical net maximum limit.
2-3.03.2.6 Nothing in this section shall be construed to require a student transfer before the end of the school year.
2-3.04 Except as provided in Chapter 4, Section 4-2.00 of these rules, by July 1 of the school year in which the student seeks to enroll in a nonresident district under Arkansas Code, Title 6, Chapter 18, Subchapter 19 and these rules, the superintendent of the nonresident district shall notify the parent and the resident district in writing as to whether the student's application has been accepted or rejected.
2-3.04.1 If the application is rejected, the superintendent of the nonresident district shall state in the notification letter the reason for the rejection.
2-3.04.2 If the application is accepted, the superintendent of the nonresident district shall state in the notification letter a reasonable deadline by which the student shall enroll in the nonresident district and after which the acceptance notification is null.

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 005.28.8-2-3.00, AR ADC 005.28.8-2-3.00
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