(a)

1. (1) Upon the petition of a student in their resident district to transfer to a receiving district, the board of directors of the resident district may enter into an agreement with the board of directors of the receiving school district transferring the student to the receiving district for purposes of education.
2. (2) Forms for use in transferring a student from one (1) school district to another shall be provided by the Division of Elementary and Secondary Education.

(b)

1. (1) A transfer petition received by a school district under this section shall be placed on the agenda of the next regular monthly meeting of the school district board of directors or a specially called meeting of the school district board of directors, whichever occurs first.
2. (2) A petition received fewer than five (5) days before the next school board meeting may be placed on the agenda for the following meeting.

(c) At least five (5) days before a regular monthly meeting of a school district board of directors or a specially called meeting of a school district board of directors, whichever occurs first, the superintendent of the school district shall notify the school district board of directors regarding:

1. (1) All transfer petitions received under this section; and

2. (2)

   1. (A) The superintendent's recommendation concerning each transfer petition received under this section, as required by subdivision (c)(2)(C) of this section.
   2. (B) If a student's transfer petition is recommended by a school district superintendent for denial, the school district superintendent shall provide a written explanation of the reasons for the recommendation to the:

(i) School district board of directors; and

1. (ii) Parent, legal guardian, or person standing in loco parentis to the student.

   1. (C) The superintendent is required to recommend in writing that the school district board of directors:

      1. (i) Approve the petition; or
      2. (ii) Deny the petition for reasons described in the recommendation.
      3. (d)

2. (1) Each transfer petition received by a school district under this section and placed on the agenda of a school district board of directors as required under this part shall:

   1. (A) Be considered individually; and
   2. (B) Receive a separate vote by the school district board of directors.

3. (2) In addition, the school district board of directors shall provide a basis for the board of directors’ action if the board of directors:

   1. (A) Denies the petition; or
   2. (B) Conditions approval on acceptance of a tuition agreement.

(f)

1. (1) A school district board of directors may adopt a resolution that delegates its authority to approve a petition for a transfer received under this section to:

   1. (A) The school district superintendent; or
   2. (B) An individual member of the school district board of directors.
2. (2) If a school district board of directors has adopted a resolution delegating its authority to approve a petition for a transfer under this part, a petition that has been approved shall not be required to be heard at a meeting of the school district board of directors.

3. (3)

   1. (A) If a school district board of directors has adopted a resolution delegating its authority to approve a petition for a transfer under this part, the petition must be approved within ten (10) business days.
   2. (B) If a petition is not approved within ten (10) business days, it shall be scheduled for consideration by the school district board of directors pursuant to subsection (b) of this section.
   3. (C) A petition may be approved by the official authorized to approve petitions under this subsection after the petition has been added to an agenda, in which case no action shall be taken by the school district board of directors related to that petition.

(h)

1. (1) If a petition for a transfer received under this part is denied, the parent, legal guardian, person standing in loco parentis to a student, or a student who is eighteen (18) years or older who submitted a petition for a transfer may appeal the decision of the school district board of directors to the State Board of Education.
2. (2) An approval of a petition that is conditioned on the acceptance of a tuition agreement constitutes a denial of the petition for the purposes of appeal.
3. (3) The failure of a school district to comply with the requirements of subsection (b) of this section constitutes a denial of the petition for the purposes of appeal.

4. (4) An appeal must be filed in accordance with 6 CAR § 37-106(b).

   1. (i) After a petition for a transfer has been approved by a school district board of directors of the resident district and a school district board of directors of the receiving district, copies of approved transfers shall be filed by the receiving district with the:
5. (1) Office of the county clerk;
6. (2) Administrative offices of the respective school districts; and
7. (3) Department of Education’s Office of School Choice using the address below: Arkansas Department of Education Attn: Office of School Choice Four Capitol Mall Little Rock, AR 72201

(j)

1. (1) Upon approval of a petition to transfer by a resident district, the receiving district may also enter into a tuition agreement with either the resident district or the parent, legal guardian, or person standing in loco parentis to the transferring student involved whereby the resident district or the parent, legal guardian, person standing in loco parentis to a student, or a student who is eighteen (18) years or older will make tuition payments to the receiving district to compensate the receiving district for local taxes not received on behalf of the transferring student.
2. (2) The annual amount of the tuition shall not exceed the average amount of local property tax per pupil collected in the receiving district in the preceding year.

(k) Student petitions for transfers granted under this part that include a tuition agreement shall be reviewed at the end of four (4) years by the school districts involved to determine whether a tuition agreement, if one exists, should be renewed.

1. (l) Student petitions for transfers granted under this part:
2. (1) Constitute an independent agreement between the resident district and the receiving district; and
3. (2) Are not subject to the provisions and limitations of other student transfer laws.