Limitations
Effective Oct 13, 2025Ark. R. 2025-17 (eff. October 13, 2025)Arkansas Code § 6-18-1907; Arkansas Code § 6-18-227
(a)
- (1) If the provisions of the Public School Choice Act of 2015, Arkansas Code § 6-18-1901 et seq. or this part conflict with a provision of an enforceable desegregation court order or a district’s court-approved desegregation plan, either of which explicitly limits the transfer of students between schools or school districts, the provisions of the order or plan shall govern.
- (2) Annually by January 1, a school district that claims a conflict under subdivision (a)(1) of this section shall submit proof from a federal court to the Division of Elementary and Secondary Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan that explicitly limits the transfer of students between school districts.
- (3) A school district shall provide the information required under subdivision (a)(2) of this section to: Division of Elementary and Secondary Education Attn: Legal Services Unit Four Capitol Mall Little Rock, AR 72201
(4) Proof submitted under subdivision (a)(2) of this section shall contain the following:
- (A) Documentation that the desegregation order or court-approved desegregation plan is still active and enforceable; and
- (B) Documentation showing the specific language the school district believes limits its participation in the school choice provisions of the Public School Choice Act of 2015.
(5)
- (A) Within thirty (30) calendar days of receipt of proof submitted under subdivision (a)(2) of this section, the division shall notify the school district whether it is required to participate in the school choice provisions of the Public School Choice Act of 2015.
- (B) The division may reject incomplete submissions.
- (C) If the division does not provide a written exemption to the school district, then the district shall be required to participate in the school choice provisions of the Public School Choice Act of 2015.
- (6) The division shall maintain on its website a list of school districts that are not required to participate in the school choice provisions of the Public School Choice Act of 2015.
(7) The State Board of Education may:
- (A) Review a decision of the division upon written petition of the affected school district; and
- (B) Affirm or reverse the decision of the division.