Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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1 State of Arkansas As Engrossed: S3/5/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 205
4
5 By: Senator A. Clark
6 By: Representative McCollum
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ARKANSAS OPPORTUNITY PUBLIC
10 SCHOOL CHOICE ACT; TO AMEND THE PUBLIC SCHOOL CHOICE
11 ACT OF 2015; TO CLARIFY THAT A STUDENT MAY TRANSFER
12 BETWEEN SCHOOLS WITHIN THE STUDENT'S RESIDENT
13 DISTRICT UNDER THE ARKANSAS OPPORTUNITY PUBLIC SCHOOL
14 CHOICE ACT AND THE PUBLIC SCHOOL CHOICE ACT OF 2015;
15 AND FOR OTHER PURPOSES.
16
17
18 Subtitle
19 TO AMEND THE ARKANSAS OPPORTUNITY PUBLIC
20 SCHOOL CHOICE ACT; AND TO AMEND THE
21 PUBLIC SCHOOL CHOICE ACT OF 2015.
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 a student's ability
26 to transfer to another school district, is amended to read as follows:
27 (g) This section shall not be construed to restrict a student's
28 ability to:
29 (1) Participate in a tuition agreement with a nonresident school
30 district;
31 (2) Officially transfer to another a nonresident school district
32 or another public school within a resident or nonresident school district
33 pursuant to the Public School Choice Act of 2015, � 6-18-1901 et seq.; or
34 (3) Attend school as an international exchange student placed
35 with a host family by an international student exchange visitor placement
36 organization under the International Student Exchange Visitor Placement
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1 Organization Registration Act, � 6-18-1701 et seq.
2
3 SECTION 2. Arkansas Code � 6-18-227(b)(1) and (2)(A), concerning the
4 eligibility requirements to participate in the public school choice program
5 under the Arkansas Opportunity Public School Choice Act, are amended to read
6 as follows:
7 (b)(1) Upon the request of a parent, guardian, or student, if the
8 student is eighteen (18) years of age or older, a student may transfer from
9 his or her resident district or public school to another a nonresident school
10 district or another public school within his or her resident school district
11 under this section if, at the time of the request under this subdivision
12 (b)(1):
13 (A) Either:
14 (i) The resident public school district has been
15 classified by the state board as a public school district in need of Level 5
16 -- Intensive support under � 6-15-2913 or � 6-15-2915; or
17 (ii) The resident public school in which he or she
18 is enrolled has a rating of "F" under �� 6-15-2105 and 6-15-2106 and state
19 board rules, as allowed in subdivision (b)(3)(B)(i)(b) of this section; and
20 (B) Except as provided in subsection (n) of this section,
21 the parent, guardian, or student, if the student is eighteen (18) years of
22 age or older, has notified both the resident and nonresident school
23 districts, if applicable, of the request for a transfer no earlier than
24 January 1 and no later than May 1 of the school year before the school year
25 in which the student intends to transfer.
26 (2)(A)(i) For the purposes of continuity of educational choice,
27 a transfer under this section shall operate as an irrevocable election for
28 each subsequent entire school year and shall remain in force until the
29 student completes high school or the parent, guardian, or student, if the
30 student is eighteen (18) years of age or older, timely makes application
31 under a provision of law governing attendance in or transfer to another
32 public school within the student's resident school district or a nonresident
33 school district other than the student's assigned school or resident
34 district.
35 (ii)(a) Except as provided in subsection (n)
36 of this section, a transfer under this section is effective at the beginning
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1 of the next academic year.
2 (b) A transfer of a student eligible under
3 subsection (n) of this section is effective immediately upon the nonresident
4 district's or other public school within the student's resident school
5 district's written notification of an acceptance.
6
7 SECTION 3. Arkansas Code � 6-18-227(g), concerning the acceptance of a
8 transferring student's credits toward graduation under the Arkansas
9 Opportunity Public School Choice Act, is amended to read as follows:
10 (g)(1) A receiving district and a public school within a student's
11 resident school district that accepts a transferring student shall accept
12 credits toward graduation that were awarded by another public school district
13 or public school.
14 (2) The receiving district or public school within a student's
15 resident school district that accepts a transferring student shall award a
16 diploma to a nonresident student who transfers to the receiving district or
17 public school if the student meets the receiving district's or public
18 school's graduation requirements.
19
20 SECTION 4. Arkansas Code � 6-18-227(i), concerning excused absences of
21 students under the Arkansas Opportunity Public School Choice Act, is amended
22 to read as follows:
23 (i)(1) Unless excused by the receiving school district or public
24 school for illness or other good cause:
25 (A) Any student participating in the opportunity public
26 school choice option shall:
27 (i) Remain in attendance throughout the school year;
28 and
29 (ii) Comply fully with the school's code of conduct;
30 and
31 (B) The parent or guardian of each student participating
32 in the opportunity public school choice option shall comply fully with the
33 receiving public school's or school district's parental involvement
34 requirements.
35 (2) A participant who fails to comply with this section shall
36 forfeit the opportunity public school choice option.
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1
2 SECTION 5. Arkansas Code � 6-18-1901(b)(3), concerning legislative
3 findings under the Public School Choice Act of 2015, is amended to read as
4 follows:
5 (3) These benefits of enhanced quality and effectiveness in our
6 public schools justify permitting a student to apply for admission to a
7 school in any resident or nonresident school district beyond the school
8 district in which the student resides, provided that the transfer by the
9 student does not conflict with an enforceable judicial decree or court order
10 remedying the effects of past racial segregation in the resident school
11 district or nonresident school district.
12
13 SECTION 6. Arkansas Code � 6-18-1903(a), concerning the establishment
14 of a public school choice program under the Public School Choice Act of 2015,
15 is amended to read as follows:
16 (a) A public school choice program is established to enable a student
17 in kindergarten through grade twelve (K-12) to attend a school in a
18 nonresident district or another public school within a resident district,
19 subject to the limitations under � 6-18-1906.
20
21 SECTION 7. Arkansas Code � 6-18-1903(e), concerning the transfer of
22 credits toward graduation and upon a transfer under the Public School Choice
23 Act of 2015, is amended to read as follows:
24 (e) A nonresident district or another public school within a resident
25 district shall:
26 (1) Accept credits toward graduation that were awarded by
27 another district or public school within a resident district; and
28 (2) Award a diploma to a nonresident student who transfers under
29 this subchapter if the student meets the public school's or nonresident
30 district's graduation requirements.
31
32 SECTION 8. Arkansas Code � 6-18-1904(b)-(f), concerning requirements
33 of students who transfer school districts or schools under the Public School
34 Choice Act of 2015, is amended to read as follows:
35 (b)(1) A student may accept only one (1) school choice transfer per
36 school year.
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1 (2)(A) A student who accepts a public school choice transfer may
2 return to his or her resident district or the public school within his or her
3 resident district from which he or she transferred during the school year.
4 (B) If a transfer student returns to his or her resident
5 district or the public school within his or her resident district from which
6 he or she transferred or enrolls in a private or home school, the student's
7 transfer is voided, and the student shall reapply if the student seeks a
8 future school choice transfer.
9 (c)(1) A transfer student attending a nonresident school or another
10 public school within his or her resident district under this subchapter may
11 complete all remaining school years at the nonresident district.
12 (2) A present or future sibling of a student who continues
13 enrollment in the nonresident district or another public school within his or
14 her resident district under this subsection and applies for a school choice
15 transfer under � 6-18-1905 may enroll in the nonresident district or other
16 public school within his or her resident district if the district or public
17 school has the capacity to accept the sibling without adding teachers, staff,
18 or classrooms or exceeding the regulations, rules, or standards established
19 by law.
20 (3) A present or future sibling of a student who continues
21 enrollment in the nonresident district or another public school within his or
22 her resident district and who enrolls in the nonresident district or other
23 public school within his or her resident district under subdivision (c)(2) of
24 this section may complete all remaining school years at the nonresident
25 district or other public school within his or her resident district.
26 (d)(1) The transfer student or the transfer student's parent is
27 responsible for the transportation of the transfer student to and from the
28 school in the nonresident district where the transfer student is enrolled.
29 (2) The In the event a student transfers to a nonresident
30 district under this subchapter, the nonresident district may enter into a
31 written agreement with the student, the student's parent, or the transfer
32 student's resident district to provide the transportation.
33 (e) For purposes of determining a school district's state aid, a
34 transfer student is counted as a part of the average daily membership of the
35 nonresident district where the transfer student is enrolled if a student
36 transfers to a nonresident district under this subchapter.
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1 (f)(1) A student who transfers to another public school within his or
2 her resident district or a nonresident district under this subchapter shall
3 not be:
4 (A) Denied participation in an extracurricular activity at
5 the public school within his or her resident district or nonresident district
6 to which he or she transfers based exclusively on his or her decision to
7 transfer to the public school within his or her resident district or
8 nonresident district; or
9 (B) Disciplined in any manner based exclusively on the
10 exercise of his or her right to transfer to another public school within his
11 or her resident district or a nonresident district under this subchapter.
12 (2)(A) However, a student who transfers to another public school
13 within his or her resident district or a nonresident school district under
14 this subchapter shall complete a Changing Schools/Athletic Participation form
15 as defined by the Arkansas Activities Association.
16 (B) A Changing Schools/Athletic Participation form shall
17 be completed and filed with the:
18 (i) Public school within the transfer student's
19 resident district or nonresident school district to which the student
20 transfers under this section; and
21 (ii) Arkansas Activities Association.
22 (C)(i) Before a student is eligible to participate in an
23 extracurricular activity at the public school within his or her resident
24 district or nonresident school district to which he or she transfers, the
25 Changing Schools/Athletic Participation form submitted by the student as
26 required under subdivision (f)(2)(B) of this section shall be signed by the:
27 (a) Superintendent of the student's resident
28 school district;
29 (b) Superintendent of the nonresident school
30 district to which the student transfers, if the student transfers to a
31 nonresident district; and
32 (c) Parent, legal guardian, or person standing
33 in loco parentis to the student.
34 (ii) The superintendent of a student's resident
35 school district and the superintendent of the nonresident school district to
36 which a student transfers, or the superintendent of the student's resident
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1 district if the student is transferring schools within his or her resident
2 district, shall sign the Changing Schools/Athletic Participation form unless
3 there is demonstrable evidence:
4 (a) Of recruiting by the receiving school
5 district or receiving school personnel; or
6 (b) The student is transferring to the public
7 school within his or her resident district or the nonresident school district
8 solely for athletic purposes.
9 (D) A Changing Schools/Athletic Participation form shall
10 be used only for eligibility determination of a student who transfers to
11 another public school within his or her resident district or nonresident
12 school district under this subchapter and is enrolled in the receiving school
13 district by July 1 before the student enters grades seven through twelve (7-
14 12).
15 (E)(i) Public school district personnel and registered
16 volunteers, as defined by the Arkansas Registered Volunteers Program Act, �
17 6-22-101 et seq., shall not recruit students to the public school at which
18 they are employed or volunteer for athletic purposes.
19 (ii) As used in this section, "recruiting" means the
20 use of undue influence or special inducement by an individual who is
21 connected directly or indirectly with a school that is a member of the
22 Arkansas Activities Association in an attempt to encourage, induce, pressure,
23 urge, or entice a prospective student of any age to transfer to the school or
24 retain a student at the school for the purpose of participating in
25 extracurricular activities.
26 (3) As used in subdivision (f)(1) of this section,
27 "extracurricular activity" means an interschool activity not included in a
28 regular curriculum, including without limitation sports and special interest
29 clubs or groups.
30
31 SECTION 9. Arkansas Code � 6-18-1905 is amended to read as follows:
32 6-18-1905. Application for transfer.
33 (a)(1) An application under this section shall be accepted no earlier
34 than January 1 and no later than May 1 each year.
35 (2)(A) Each school district shall have a policy stating the
36 method by which a parent or guardian of a student, or a student who is
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1 eighteen (18) years of age or older, may submit a school choice application,
2 including without limitation:
3 (i) Regular mail;
4 (ii) Email; and
5 (iii) Hand delivery.
6 (B) A public school district shall not require in-person
7 filing of an application.
8 (3) If a student seeks to attend a school in a nonresident
9 district or another school within his or her resident district, the student's
10 parent or guardian, or a student who is eighteen (18) years of age or older,
11 shall submit an application:
12 (A) To the nonresident district and to the student's
13 resident district, or only to the student's resident district if the student
14 is applying to transfer to another public school within his or her resident
15 district;
16 (B) On a form approved by the Division of Elementary and
17 Secondary Education; and
18 (C) Postmarked or delivered no later than May 1 of the
19 year in which the student seeks to begin the fall semester at the nonresident
20 district or another public school within the student's resident district,
21 except as otherwise provided for dependents of uniformed service members and
22 uniformed service veterans under this subchapter.
23 (b) Both the nonresident district and the resident district, or only
24 the resident district if a student applies to transfer to another public
25 school within his or her resident district, shall, upon receipt of the
26 application submitted under subsection (a) of this section, place a date and
27 time stamp on the application that reflects the date and time each the
28 nonresident district or the resident district if a student applies to
29 transfer to another public school within his or her resident district
30 received the application.
31 (c) A nonresident district or a resident district if a student applied
32 to transfer to another public school within his or her resident district
33 shall review and make a determination on each application in the order in
34 which the application was received by the nonresident district or the
35 resident district if a student applied to transfer to another public school
36 within his or her resident district.
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1 (d) Before accepting or rejecting an application, a nonresident
2 district or a resident district if a student applied to transfer to another
3 public school within his or her resident district shall determine whether the
4 limitation under � 6-18-1906 applies to the application.
5 (e)(1) By July 1 of the school year in which a student seeks to enroll
6 in a nonresident district or a resident district if the student seeks to
7 enroll in another public school within his or her resident district under
8 this subchapter, the superintendent of the nonresident district or the
9 superintendent of the resident district if the student applies to transfer to
10 another public school within his or her resident district shall notify the
11 student's parent or guardian and the resident district, if applicable, in
12 writing as to whether the student's application has been accepted or
13 rejected.
14 (2) If an application is rejected, the superintendent of the
15 nonresident district or the superintendent of the resident district if the
16 student applies to transfer to another public school within his or her
17 resident district shall state in the notification letter the reason for
18 rejection.
19 (3) If an application is accepted, the superintendent of the
20 nonresident district or the superintendent of the resident district if the
21 student applied to transfer to another public school within his or her
22 resident district shall state in the notification letter a reasonable
23 deadline by which the student shall enroll in the nonresident district or the
24 resident district if the student applied to transfer to another public school
25 within his or her resident district and after which the acceptance
26 notification is null.
27 (4) [Repealed.]
28 (f)(1) For each application received under this section, the
29 nonresident district or the resident district if the student applied to
30 transfer to another public school within his or her resident district shall
31 notify the applicant in writing as to whether the student's application has
32 been accepted or rejected within fifteen (15) calendar days of the
33 nonresident district's or resident district's receipt of the application.
34 (2) A transfer of the student is effective immediately upon the
35 nonresident district's or resident district's written notification of an
36 acceptance.
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1
2 SECTION 10. Arkansas Code � 6-18-1907(b), concerning rules promulgated
3 by the State Board of Education under the Public School Choice Act of 2015,
4 is amended to read as follows:
5 (b)(1) A student whose application for a transfer under � 6-18-1905 is
6 rejected by the a nonresident district or a resident district if the student
7 applied to transfer to another public school within his or her resident
8 district may request a hearing before the state board to reconsider the
9 transfer.
10 (2)(A) A request for a hearing before the state board under
11 subdivision (b)(1) of this section shall be in writing and shall be
12 postmarked no later than ten (10) days after the student or the student's
13 parent receives a notice of rejection of the application under � 6-18-1905.
14 (B) As part of the review process, the student or the
15 student's parent may submit supporting documentation that the transfer would
16 be in the best educational, social, or psychological interest of the student.
17 (3) If the state board overturns the determination of the
18 nonresident district or the resident district if the student applied to
19 transfer to another public school within his or her resident district on
20 appeal, the state board shall notify the parent, the nonresident district, if
21 applicable, and the resident district of the basis for the state board's
22 decision.
23 (4) A student is not permitted to request a hearing before the
24 state board if his or her application for a transfer is rejected due to the
25 application's not being timely received by both the resident district and
26 nonresident district, if applicable.
27
28 SECTION 11. Arkansas Code � 6-18-1909(b), concerning eligibility for
29 dependents of uniformed service members and uniformed service veterans to
30 transfer schools or school districts under the Public School Choice Act of
31 2015, is amended to read as follows:
32 (b) If a student eligible under subsection (a) of this section seeks
33 to attend a school in a nonresident district or a different public school
34 within a resident district, the student's parent, legal guardian, or person
35 standing in loco parentis to the student shall submit an application approved
36 by the Division of Elementary and Secondary Education by regular mail,
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1 electronic mail, or in person to the student's nonresident district, if
2 applicable, and resident district, which includes:
3 (1) A copy of the identification card of the student's parent,
4 legal guardian, or person standing in loco parentis that qualifies the
5 student under this section; and
6 (2) A copy of the official orders, assignment notification, or
7 notice of mobilization of the student's parent, legal guardian, or person
8 standing in loco parentis.
9
10 SECTION 12. Arkansas Code � 6-18-1909(e), concerning transportation of
11 a student who is a dependent of a uniformed service member or a uniformed
12 service veteran under the Public School Choice Act of 2015, is amended to
13 read as follows:
14 (e) The parent, legal guardian, or person standing in loco parentis to
15 a student eligible for a school transfer under this section shall be
16 responsible for the transportation of his or her child to and from a
17 nonresident district if the student transferred to a nonresident district.
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19 /s/A. Clark
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