1. (a)

   1. (1) The transfer of a student under the Public School Choice Act of 2013, formerly Arkansas Code § 6-18-1901 et seq., is not voided by this part and shall be treated as a transfer under the Public School Choice Act of 2015, Arkansas Code § 6-18-1901 et seq., and this part.
   2. (2) Districts that are subject to a federal court order requiring the districts to abide by the provisions of the Arkansas Public School Choice Act of 1989 [repealed] and the corresponding rules are not subject to the requirements of the Public School Choice Act of 2015 or this part.

2. (b)

   1. (1) A student may accept only one (1) school choice transfer per school year.
   2. (2) A student who accepts a public school choice transfer may return to his or her resident district or the public school within his or her resident district from which he or she transferred during the school year.

   3. (3) If a transferred student returns to his or her resident district, resident school, or enrolls in a private or home school:

      1. (A) The student’s transfer is voided; and
      2. (B) The student shall reapply if the student seeks a future school choice transfer.

3. (c)

   1. (1) A transfer student attending a nonresident school under the Public School Choice Act of 2015 and this part may complete all remaining school years at the nonresident school or nonresident district.

   2. (2) A present or future sibling of a student who continues enrollment in the nonresident district or nonresident school under subdivision (c)(1) of this section and applies for a school choice transfer under Arkansas Code § 6-18-1905 may enroll in the nonresident district or nonresident school if the district or school has the capacity to accept the sibling without:

      1. (A) Adding teachers, staff, or classrooms; or
      2. (B) Exceeding the rules and standards established by law.
   3. (3) A present or future sibling of a student who continues enrollment in the nonresident district or nonresident school and who enrolls in the nonresident district or nonresident school under subdivision (c)(1) of this section may complete all remaining years at the nonresident district or nonresident school.

4. (d)

   1. (1) The transfer student or the transfer student’s parent is responsible for the transportation of the transfer student to and from the school in the nonresident district where the transfer student is enrolled.
   2. (2) If a student transfers to a nonresident district under this subchapter, the nonresident district may enter into a written agreement with the student, the student’s parent, or the transfer student’s resident district to provide the transportation.
5. (e) For purposes of determining a school district’s state aid, a transfer student is counted as part of the average daily membership of the nonresident district where the transfer student is enrolled if the student transfers to a nonresident district under this subchapter.

6. (f) A student who transfers to a nonresident school or district under this subpart shall not be:

   1. (1) Denied participation in an extracurricular activity at the nonresident school or district to which he or she transfers based exclusively on his or her decision to transfer to the nonresident school or district; or
   2. (2) Disciplined in any manner based exclusively on the exercise of his or her right to transfer to another nonresident school or district under this part.
7. (g) A student who transfers to a nonresident school or district under this section shall complete a Changing Schools/Athletic Participation form pursuant to the requirements of Arkansas Code § 6-18-1904(f)(2), if applicable.

Codification Notes: The Public School Choice Act of 2013, previously codified at Arkansas Code § 6-18-1901 et seq., was repealed by Acts 2015, No. 560, § 2.