(a)

1. (1) A parent or guardian, or student if the student is eighteen (18) years of age or older, whose application for a transfer under Arkansas Code § 6-18-1905 and 6 CAR § 30-203 is rejected may request a hearing before the State Board of Education to reconsider the application for transfer.
2. (2) A request for a hearing before the state board shall be in writing and shall be postmarked no later than ten (10) calendar days, excluding weekends and legal holidays, after the student or the student’s parent or guardian, hereafter “appealing party”, receives a notice of rejection of the application under Arkansas Code § 6-18-1905 and 6 CAR § 30-203 and shall be mailed to: Division of Elementary and Secondary Education Attn: Legal Services Unit Four Capitol Mall Little Rock, AR 72201
3. (3) Contemporaneously with the filing of the written appeal with the Division of Elementary and Secondary Education’s Legal Services Unit, the appealing party must also mail a copy of the written appeal to the superintendent of the nonresident school district.
4. (4) In its written appeal, the appealing party shall state its basis for appealing the decision of the district in which the nonresident school is located.
5. (5) The appealing party shall submit, along with its written appeal, a copy of the notice of rejection from the district in which the nonresident school is located.

6. (6)

   1. (A) Upon receipt of the written appeal, the Division of Elementary and Secondary Education shall notify the nonresident, if applicable, and resident districts of the appeal.
   2. (B) Both districts may submit, in writing, any additional information, evidence, or arguments supporting its rejection of the student’s application by mailing such response to the state board.
   3. (C)

(i) Such response shall be postmarked no later than ten (10) days after the districts receive notice of the student’s or parent’s appeal.

1. (ii) Any response shall be mailed to: Division of Elementary and Secondary Education Attn: Legal Services Unit Four Capitol Mall Little Rock, AR 72201
2. (7) The division shall notify the appealing party, the nonresident district, if applicable, and the resident district of the date, time, and location of the hearing before the state board.
3. (8) As part of the review process, the appealing party may submit supporting documentation that the transfer would be in the best educational, social, or psychological interest of the student.
4. (9) If the state board overturns the determination of the nonresident district on appeal, the state board shall notify the appealing party, the nonresident district if applicable, and the resident district of the basis for the state board’s decision.

(b) An applicant is not permitted to request a hearing before the state board if his or her application for a transfer is rejected due to the application not being timely received by both the:

1. (1) Resident district; and

2. (2) Nonresident district, if applicable.

   1. (c) The deadlines under this section may be waived by the state board upon a finding that there was good cause for the failure to meet the deadline.