(a) (1) If the provisions of this subchapter conflict with a provision of an enforceable desegregation court order or a district's court-approved desegregation plan regarding the effects of past racial segregation in student assignment, the provisions of the order or plan shall govern.
(2) If a school district claims a conflict under subdivision (a)(1) of this section, the school district shall immediately submit proof from a federal court to the Department of Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan with the interdistrict school choice provisions of this subchapter.
(b) (1) (A) There is established a numerical net maximum limit on school choice transfers each school year from a school district, less any school choice transfers into the school district, under this section of not more than three percent (3%) of the enrollment that exists in the school district as of October 15 of the immediately preceding school year.
(B) For the purpose of determining the percentage of school choice transfers under this subsection, siblings who are counted in the numerator as transfer students shall count as one (1) student.
(C) A student eligible to transfer to a nonresident district under § 6-15-430(c)(1), the Arkansas Opportunity Public School Choice Act of 2004, § 6-18-227, or § 6-21-812 shall not count against the cap of three percent (3%) of the resident or nonresident district.
(2) Annually by December 15, the department shall report to each school district the net maximum number of school choice transfers for the next school year.
(3) If a student is unable to transfer due to the limits under this subsection, the resident district shall give the student priority for a transfer in the first school year in which the district is no longer subject to subdivision (b)(1) of this section in the order that the resident district receives notices of applications under § 6-18-1905, as evidenced by a notation made by the district on the applications indicating date and time of receipt.
Section: Previous 6-18-1902 6-18-1903 6-18-1904 6-18-1905 6-18-1906 6-18-1907 6-18-1908 NextLast modified: November 15, 2016