(a) Prior to appealing any matter concerning a student’s correct school district of residence to the Department of Education, the school districts shall complete the following process as outlined in Arkansas Code § 6-18-202(e):
- (1) The superintendent of a school district that determines that a student who resides within its boundaries is unlawfully attending another school district (hereinafter “appealing district”) shall send written notification to the superintendent of the other school district (hereinafter “responding district”) that the student is unlawfully attending the responding school district;
(2) The written notification from the appealing district’s superintendent shall include a reasonable description of the location of:
- (A) The residence, including a street address if available; and
- (B) Other information that enables the responding school district to determine whether the student is a resident of the appealing or responding school district;
- (3) Upon receipt of the appealing district superintendent’s notification, the responding school district’s superintendent shall immediately investigate and determine which school district the student is required to attend;
- (4) The responding school district’s superintendent shall conduct the investigation within ten (10) business days after receiving the written notice from the appealing district’s superintendent;
- (5) The responding school district’s superintendent may extend the investigation ten (10) business days in a case that involves five (5) or more students by submitting written notice within the first ten (10) business days of the investigation to the appealing school district’s superintendent; and
(6) The responding school district’s superintendent shall:
- (A) Make a determination as to which school district the student is required to attend; and
- (B) Send a written report to the appealing school district’s superintendent, in writing, of the findings of the investigation and the documentation supporting his or her determination.
- (b) A student who is determined to be unlawfully attending a school not within the student’s resident district shall be immediately barred from attending the nonresident school district.