6 CAR § 37-106 – Appeals before the state board

(a) A parent, legal guardian, person standing in loco parentis to a student, or a student who is eighteen (18) years or older whose petition for a transfer under this part is denied may request a hearing before the State Board of Education to reconsider the petition for transfer.
(b)
1. (1) An appeal before the state board shall be requested in writing and shall be received or postmarked no later than ten (10) calendar days after the parent, legal guardian, person standing in loco parentis to a student, or a student who is eighteen (18) years or older (hereafter “appealing party”) receives a notice of rejection of the petition under this part and shall be delivered or mailed to: Arkansas Department of Education Attn: Legal Services Unit Four Capitol Mall Little Rock, AR 72201
2. (2) The state board may waive the deadline to file an appeal if the:
  1. (A) Notice of rejection does not inform the petitioner of the right to appeal and the deadline to file an appeal; or
  2. (B) Petitioner makes a good faith attempt to file a timely appeal.
(c) 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 provide a copy of the written appeal to the superintendent of each school district.
(d) In his or her written appeal, the appealing party shall state his or her basis for appealing the decision of the receiving district.
(e) The appealing party shall submit, along with his or her written appeal, the:
1. (1) Original petition for a transfer sent by a parent or eligible student to each school district; and
2. (2) Denying school district’s reasons for denying the transfer if provided to the appealing party.
(f)
1. (1) Upon receipt of the written appeal, the division shall notify each district of the appeal.
2. (2) Each district may submit, in writing, any additional information, evidence, or arguments supporting its rejection of the student’s application by mailing such a response to the Department of Education.
3. (3) Such a response shall be postmarked no later than ten (10) days after the district receives notice of the appeal.
4. (4) Any response shall be mailed to: Arkansas Department of Education Attn: Legal Services Unit Four Capitol Mall Little Rock, AR 72201
(g) The division shall notify the appealing party and each district of the date, time, and location of the hearing before the state board.
(h) Prior to the hearing, the appealing party may submit supporting documentation that the transfer would be in the best educational, social, or psychological interest of the student.
(i) If the state board overturns the determination of either district on appeal, the state board shall notify the appealing party, the nonresident district, and the resident district of the basis for the state board’s decision.
(j) The state board shall either grant or deny an appeal filed pursuant to 6 CAR § 37-105(e) not more than forty-five (45) days after the day the appeal is received.