- (a) Sending districts and receiving districts may request the assistance of sending and receiving districts outside of the state to provide services to uniformed services families transferring to or from the state who are covered under the Arkansas Military Child School Transitions Act of 2021, Arkansas Code § 6-28-101 et seq., but may not be covered under the Interstate Compact on Educational Opportunity for Military Children, Arkansas Code § 6-4-301 et seq.
(b) If official copies of a student's education records cannot be released to a parent or legal guardian of a student for purposes of a transition under this section, then the custodian of the student's education records at the sending district shall prepare and furnish to the parent or legal guardian of the student and the receiving district a complete set of unofficial copies of the student's education records, which shall contain:
- (1) Information as defined in 6 CAR § 34-102(9); and
- (2) Any other pertinent information reasonably requested by the receiving school district.
- (c) Upon receipt of the unofficial copies of a student's education records by a receiving district and as soon as practicable, a receiving district shall preregister and provisionally place a student based on the information provided in the unofficial education records that are pending validation by the official records.
- (d) Simultaneous with the enrollment and provisional placement of a student, a receiving district shall request a student's official education records from the sending district.
- (e) Upon receipt of this request, the sending district, if it is a district within this state, shall process and furnish the student’s official education records to the receiving district within ten (10) days.
(f) A student shall furnish his or her required immunization records to a receiving district:
- (1) Within thirty (30) days of enrolling in the receiving district; or
- (2) Per the Rules Governing Immunization Requirements in Arkansas Public Schools, 6 CAR pt. 153.
(g) For a series of immunizations, initial vaccinations shall be obtained:
- (1) Within thirty (30) days; or
- (2) Per the Rules Governing Immunization Requirements in Arkansas Public Schools, 6 CAR pt. 153.
- (h) A student shall enroll in a receiving district in the same grade level in which he or she is or was enrolled at the sending district, regardless of the student's age.
- (i) A student who has completed a grade level in the sending district shall be eligible for enrollment in the next highest grade level at the receiving district, regardless of the student's age.
(j) If the academic courses are offered and there is space available, when a student transitions under this section before or during a school year, the receiving district shall provisionally honor the placement of the student in academic courses based on:
- (1) The student's enrollment at the sending district; and
- (2) Educational assessments conducted at the sending district.
(k) Academic course placement includes without limitation enrollment in:
- (1) Honors courses;
- (2) The International Baccalaureate Diploma Programme;
- (3) Advanced Placement courses; and
- (4) Academic, technical, and career pathway courses.
- (l) A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an academic course.
(m) If the educational programs are offered and there is space available, when a student transitions under this section before or during a school year, the receiving district shall provisionally honor the placement of the student in educational programs based on:
- (1) The student's participation in educational programs at the sending district; and
- (2) Educational assessments conducted at the sending district.
(n) Educational programs include without limitation:
- (1) Gifted and talented programs; and
- (2) English as a second language courses.
- (o) A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an educational program.
- (p) A receiving district shall provisionally provide services to a student with disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., according to the student's existing individualized education program.
(q) A receiving district:
- (1) Shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities under this section; and
- (2) May perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in the receiving district.
- (r) A public school district may waive academic course or educational program requirements for students who transition to a receiving district under this section.
- (s) If a student whose parent or legal guardian has been called to duty for, is on leave from, or has immediately returned from deployment, the student may be granted additional excused absences at the discretion of the public school in which he or she is enrolled.
(t) Members of the uniformed services shall, when possible, provide advance notice to public schools regarding the enrollment of a student upon receipt of assignment notification or military orders concerning a permanent change of station or permanent:
- (1) Reassignment;
- (2) Mobilization; or
- (3) Deployment.
(u) When a public school receives notice from a military family, the public school shall:
- (1) Treat the notice as a provisional enrollment; and
(2) Provide the student with:
- (A) Materials regarding:
(i) Academic courses;
(ii) Electives; and
- (iii) Sports; and
(B) Other relevant information regarding the public school.
- (v) A public school:
(1) Shall consider the anticipated date of enrollment of a student in light of:
- (A) Class sizes;
- (B) Course conflicts; and
- (C) The availability of elective courses;
- (2) May preregister a student in anticipation of the student's enrollment; and
- (3) May seek waivers from the State Board of Education to accommodate a student under this section, including without limitation required class ratios.
(w) A student under this section shall receive equitable access to academic courses.
- (x) A receiving district may enter academic course requests on behalf of an incoming student under this section based on the student's transcript of information sent by the student's family or the student's sending district.
(y) Special power of attorney relative to the guardianship of a child of a military family is sufficient for:
- (1) Purposes of enrollment; and
- (2) All other actions requiring parental participation and consent.
(z) A receiving district shall not charge local tuition to a student who:
- (1) Transitions to the receiving district under this section; and
- (2) Has been placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
- (aa) A student who has been placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which he or she was enrolled while residing with the custodial parent.
(bb) A receiving district shall ensure a student who transitions under this section has the opportunity to participate in extracurricular activities:
- (1) Regardless of application deadlines; and
(2) To the extent that the student is otherwise qualified.
- (cc)
- (1) In order to ensure the on-time graduation of military students under this section, a receiving district shall waive specific courses that are required for graduation if similar coursework has been satisfactorily completed by a student under the control of another public school or public school district.
(2) If a waiver for a specific course is denied, the receiving district shall provide:
- (A) Justification for the denial; and
(B) An alternative means by which the student can complete the required coursework so that the student can graduate on time.
- (dd) A receiving district shall accept results from:
- (1) Exit or end-of-course exams that are required for graduation from the sending district;
- (2) National norm-referenced achievement tests; or
- (3) Alternative testing.
- (ee) If a student transitions under this section at the beginning of or during his or her senior year of high school and the student is deemed by the receiving district to be ineligible for graduation after all reasonable alternatives under this section have been considered, the sending district shall award and the receiving district shall accept a diploma for the student if the student meets the graduation requirements of the sending district.
(ff) At the request of a military family, a receiving district may enroll an inbound transitioning child of a military family in virtual distance-learning or digital coursework, if available, to facilitate a smooth transition between the:
- (1) Student’s previous coursework; and
- (2) Curriculum best suited to ensure educational success in his or her new school.
- (gg) Public schools may award Credit by Demonstrated Mastery to eligible high school students pursuant to Subpart 3, Flexibility in Awarding High School Course Credit, of the Rules Governing Grading and Course Credit, 6 CAR pt. 96, upon approval by the Division of Elementary and Secondary Education.
- (hh) In considering school choice transfer requests for children of military families, school districts shall comply with Subpart 4, School Choice for Military Families, of the Rules Governing Public School Choice, 6 CAR pt. 30.