Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.24-008 - DESE Rules Governing Petitions for Student Transfer

1.01 These rules shall be known as the Division of Elementary and Secondary Education Rules Governing Petitions for Student Transfers.

1.02 The Arkansas State Board of Education promulgated these rules pursuant to the authority granted to it by Ark. Code Ann. §§ 6-11-105, 6-18-307, 6-18-316, and 6-20-2304.

1.03 The purpose of this rules is to set out the process and procedures necessary for the State Board of Education to fulfill its responsibilities regarding legal transfers under Ark. Code Ann. §§ 6-18-307 and 6-18-316.

2.01 "Resident district" means the public school district in which a student petitioning for a transfer is physically present and maintains a permanent place of abode for an average of no less than four (4) calendar days and nights per week for a primary purpose other than school attendance.

2.02 "Receiving district" means another public school district to which a student is petitioning for a transfer.

3.01 The transfer of a student under this rule is prohibited when:

3.02 Each form filed with the Division of Elementary and Secondary Education reporting a legal student transfer must be accompanied by an affidavit signed by each member of both school district boards of directors stating that the transfer does not violate the prohibition in Section 3.01.

3.03 If the transfer fails to comply with Section 3.01, the division shall withhold from each district state aid in an amount equal to that to be generated by the student in question in the respective districts.

3.04 A student who transfers under this rule may complete all remaining school years at the receiving district so long as the student continues to attend school in the district.

3.05 A student who transfers under this rule shall not be:

3.06 If a school district denies a legal transfer under this Rule or conditions a legal transfer on the acceptance of a tuition agreement, which has the effect of denying the petition, the school district shall notify the petitioner:

4.01 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.

4.02 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.

4.03 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:

4.04 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 rule shall:

4.05 A parent, legal guardian, person standing in loco parentis to a student, or a student who is eighteen (18) years or older who submits a petition for a transfer under this section shall be given at least five (5) minutes to present the student's case for a transfer to a school district board of directors.

4.06 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:

4.07 A school district board of directors shall not delegate its authority to deny a petition for a transfer received under this section.

4.08 If a petition for a transfer received under this rule 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.

4.09 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:

4.10 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.

4.11 Student petitions for transfers granted under this rule which 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.

4.12 Student petitions for transfers granted under this rule constitute an independent agreement between the resident district and the receiving district and are not subject to the provisions and limitations of other student transfer laws.

5.01 The parent, legal guardian, person standing in loco parentis to a student, or a student who is eighteen (18) years or older whose place of residence is at least fifteen (15) miles from a school in the resident district and whose place of residence is within seven (7) miles of a school in an adjoining district may petition the board of directors of the resident district for a transfer to the adjoining district if the adjoining district has agreed in writing to accept transfer of the child.

5.02 A copy of such written agreement by the receiving district shall be filed with any such petition.

5.03 If several parents, legal guardians, persons standing in loco parentis to a student combined with or a students who are eighteen (18) years or older students in a particular area meet the requirements prescribed in this rule, those persons may jointly petition the board of directors of the resident district for transfer of their students to the adjoining district.

5.04 When any individual or joint petition under Section 4.00 is filed with the board of directors of any school district, the board of directors shall within thirty (30) days after the date of the filing of the petition either grant or deny the transfer.

5.05 If the board of directors denies the petition, the petitioners may appeal to the State Board of Education.

6.01 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 rule is denied may request a hearing before the State Board of Education to reconsider the petition for transfer.

6.02 An appeal before the State Board of Education 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 rule and shall be delivered or mailed to:

Arkansas Department of Education

Attn: Legal Services

Four Capitol Mall

Little Rock, AR 72201

6.03 Contemporaneously with the filing of the written appeal with the Division of Elementary and Secondary Education's Legal Services, the appealing party must also provide a copy of the written appeal to the superintendent of each school district.

6.04 In its written appeal, the appealing party shall state his or her basis for appealing the decision of the receiving district.

6.05 The appealing party shall submit, along with its written appeal:

6.06 Upon receipt of the written appeal, the division shall notify each district of the appeal.

6.07 The division shall notify the appealing party and each district of the date, time, and location of the hearing before the state board.

6.08 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.

6.09 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.

6.10 The state board shall either grant or deny an appeal filed pursuant to Section 5.05 not more than forty-five (45) days after the day the appeal is received.

7.01 All persons wishing to testify before the State Board of Education shall first be placed under oath by the Chairperson of the State Board.

7.02 Each party that wishes to participate in the hearing may take up to fifteen (15) minutes to present its case, beginning with the nonresident school district, followed by the resident school district, and then the appealing party.

7.03 The state board, at its discretion, shall have the authority to require any person associated with the application to appear in person before the state board as a witness during the hearing.

7.04 The state board will resolve the appeal based upon the totality of evidence presented.

7.05 On appeal, the school district denying a petition bears the burden of justifying its decision to deny a family's petition and must overcome that burden with a clear and convincing reason for that decision.

7.06 When hearing an appeal, the State Board may take one of the following actions:

7.07 The consideration of a petition under this Rule shall be conducted in an open meeting.

7.08 The State Board shall provide a written decision to the Division of Elementary and Secondary Education, the appealing party, the nonresident district, and the resident district within fourteen (14) days of announcing its decision under this section.

8.01 The ruling of the state board shall be the final administrative ruling on the petition.

8.02 A transfer resulting from an appeal granted by the State Board of Education is effective upon the receipt by the receiving district of the written decision of the state board.

8.03 The transfer of a student under this rule:

8.04 The transfer of a student under this rule does not transfer the local tax money from a resident district.