As used in this part:

1. (1) “Division” means the Division of Elementary and Secondary Education;

2. (2) “Lack of capacity” means, as of the date the application is filed, a receiving school has:

   1. (A) Reached the maximum student-to-teacher ratio allowed under federal law, state law, the Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts, 6 CAR pt. 61, state rules, or other applicable federal regulations; or
   2. (B) Filled ninety-five percent (95%) or more of the seats at the grade level in which the student would be assigned;
3. (3) “Nonresident district” means a school district other than a student’s resident district to which a student transfers or seeks to transfer;

4. (4)

   1. (A) “Nonresident or receiving school” means the public school to which a student transfers or seeks to transfer under this part.
   2. (B) A nonresident or receiving school may be a public school within the resident district or a public school within a nonresident district;

5. (5) “Parent or guardian” means a student’s:

   1. (A) Parent;
   2. (B) Legal guardian;
   3. (C) Person having lawful control of the student; or
   4. (D) Person standing in loco parentis;

6. (6) “Resident district” means the school district:

   1. (A) In which the student resides as determined under Arkansas Code § 6-18-202; and
   2. (B) From which the student seeks to transfer;

7. (7) “Resident or transferring school” means the public school:

   1. (A) In which the student is enrolled at the time of application; and
   2. (B) From which the student seeks to transfer under this part;

8. (8) “Sibling” means each of two (2) or more children having a parent in common by:

   1. (A) Blood;
   2. (B) Adoption;
   3. (C) Marriage; or
   4. (D) Foster care;
9. (9) “Transfer student” means a public school student in kindergarten through grade twelve (K-12) who transfers to a nonresident district through a public school choice option;

10. (10) “Uniformed service member” means an active or reserve component member of the:

    1. (A) United States Army;
    2. (B) United States Navy;
    3. (C) United States Air Force;
    4. (D) United States Marine Corps;
    5. (E) United States Space Force;
    6. (F) United States Coast Guard;
    7. (G) National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
    8. (H) United States Commissioned Corps of the Public Health Service; and
11. (11) “Uniformed service veteran” means a former uniformed service member who has been discharged under conditions other than dishonorable.