Arkansas § 6-18-1906 [See Note] Limitations

Arkansas Statutes

§ 6-18-1906 — [See Note] Limitations

(a)If the provisions of this subchapter conflict with a provision of an enforceable desegregation court order or a district's court-approved desegregation plan, either of which explicitly limits the transfer of students between school districts, the provisions of the order or plan shall govern.

(b)Annually by January 1, a school district that claims a conflict under subsection (a) of this section shall submit proof from a federal court to the Division of Elementary and Secondary Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan that explicitly limits the transfer of students between school districts.

(c)(1) Proof submitted under subsection (b) of this section shall contain the following:

(A)Document

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(a) If the provisions of this subchapter conflict with a provision of an enforceable desegregation court order or a district's court-approved desegregation plan, either of which explicitly limits the transfer of students between school districts, the provisions of the order or plan shall govern. (b) Annually by January 1, a school district that claims a conflict under subsection (a) of this section shall submit proof from a federal court to the Division of Elementary and Secondary Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan that explicitly limits the transfer of students between school districts. (c) (1) Proof submitted under subsection (b) of this section shall contain the following: (A) Documentation that the desegregation order or court-approved desegregation plan is still active and enforceable; and (B) Documentation showing the specific language the school district believes limits its participation in the school choice provisions of this subchapter. (2) (A) Within thirty (30) calendar days of receipt of proof under subsection (b) of this section, the division shall notify the school district whether it is required to participate in the school choice provisions of this subchapter. (B) The division may reject incomplete submissions. (C) If the division does not provide a written exemption to the school district, then the school district shall be required to participate in the school choice provisions of this subchapter. (3) The division shall maintain on its website a list of school districts that are not required to participate in the school choice provisions of this subchapter. (4) The State Board of Education may review a decision of the division upon written petition of the affected school district and may affirm or reverse the decision of the division under the rules promulgated by the state board to implement this subsection.

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Legislative History

Amended by Act 2023, No. 129,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 237,§ 39, eff. 3/8/2023. Amended by Act 2019, No. 754,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1582, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1581, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1580, eff. 7/1/2019. Amended by Act 2018EX2, No. 14,§ 1, eff. 7/24/2019. Amended by Act 2018EX2, No. 9,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 988,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 1066,§ 4, eff. 4/6/2017. Amended by Act 2015, No. 560,§ 6, eff. 3/20/2015. Added by Act 2013, No. 1227,§ 6, eff. 4/16/2013.