(b)

1. (1) Each school district shall participate in a public school choice program that allows students to attend any nonresident school or nonresident district, consistent with the Public School Choice Act of 2015, Arkansas Code § 6-18-1901 et seq. and this part.

2. (2) Each school district shall:

   1. (A) Establish a policy that allows an enrolled student to transfer to another public school within a student’s resident or nonresident district; and
   2. (B) Publicly post the policies and procedures for a student to apply for a transfer as permitted under this subpart.

(c)

1. (1) A school district shall not deny a student the ability to attend a school in the student’s school district of choice unless there is a lack of capacity at the school in the student’s school district of choice.

2. (2) A lack of capacity may be claimed by a school district only if:

   1. (A) The nonresident school has 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, or other applicable federal regulations.
   2. (B)

(i) For the purposes of this part, a school district may claim a lack of capacity if, as of the date the application for public school choice is made, ninety-five percent (95%) or more of the seats at the grade level in which the student would be assigned at the nonresident school are filled; and

1. (ii) The claim is consistent with state and federal law.

   1. (d)
2. (1) The board of directors of a public school district shall adopt by resolution specific standards for acceptance and rejection of applications under the Public School Choice Act of 2015, Arkansas Code § 6-18-1901 et seq. and this part.

3. (2) The standards:

   1. (A) Shall comply with the requirements of this subpart;
   2. (B) Shall include a provision regarding the denial of an application due to lack of capacity consistent with subsection (c) of this section;

   3. (C) Shall include a statement that priority will be given to an applicant who has a sibling or stepsibling who:

      1. (i) Resides in the same household; and
      2. (ii) Is already enrolled in the nonresident school by choice;

   4. (D) Shall not include an applicant’s:

      1. (i) Academic achievement;
      2. (ii) Athletic or other extracurricular ability;
      3. (iii) English proficiency level; or
      4. (iv) Previous disciplinary proceedings, except that an expulsion from another district may be included under Arkansas Code § 6-18-510; and

   5. (E) A school district or school receiving transfers under the Public School Choice Act of 2015, Arkansas Code § 6-18-1901 et seq., and this part shall not discriminate on the basis of:

      1. (i) Gender;
      2. (ii) National origin;
      3. (iii) Race;
      4. (iv) Ethnicity;
      5. (v) Religion;
      6. (vi) Disability; or
      7. (vii) Residential address.

(e) Each school district shall have a policy stating the method by which a parent or guardian of a student may submit a school choice application, including without limitation:

1. (1) Regular mail;
2. (2) Email; and
3. (3) Hand delivery.

(g) A nonresident district and nonresident school shall:

1. (1) Accept credits toward graduation that were awarded by another district; and
2. (2) Award a diploma to a student who transfers to the nonresident district or nonresident school if the student meets the nonresident district’s or nonresident school’s graduation requirements.

(h) The superintendent of a school district shall cause public announcements to be made over the broadcast media and either in the print media or on the internet to inform parents of students within the school district and in adjoining districts of the:

1. (1) Availability of the program;
2. (2) Application deadline;
3. (3) Requirements and procedure for nonresident students to participate in the program; and
4. (4) The primary point of contact at the district for school choice questions.