Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 490 of the Regular Session
 1   State of Arkansas                     As Engrossed:      S2/8/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             SENATE BILL 147
 4
 5   By: Senator J. English
 6   By: Representative Lowery
 7
 8                                       For An Act To Be Entitled
 9                   AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE
10                   CONCERNING THE ARKANSAS OPPORTUNITY PUBLIC SCHOOL
11                   CHOICE ACT; TO AMEND PROVISIONS OF THE ARKANSAS CODE
12                   CONCERNING THE PUBLIC SCHOOL CHOICE ACT OF 2015; AND
13                   FOR OTHER PURPOSES.
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15
16                                                 Subtitle
17                            TO AMEND PROVISIONS OF THE ARKANSAS CODE
18                            CONCERNING THE ARKANSAS OPPORTUNITY
19                            PUBLIC SCHOOL CHOICE ACT; AND TO AMEND
20                            PROVISIONS OF THE ARKANSAS CODE
21                            CONCERNING THE PUBLIC SCHOOL CHOICE ACT
22                            OF 2015.
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24
25   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27           SECTION 1.       Arkansas Code  6-18-227(b)(1)(B)(i), concerning the
28   Arkansas Opportunity Public School Choice Act, is amended to read as follows:
29                            (B)(i)     Except as provided in subdivision (b)(1)(B)(ii) of
30   this section, the parent, guardian, or student, if the student is over
31   eighteen (18) years of age, has notified the Division of Elementary and
32   Secondary Education and both the sending and receiving school districts of
33   the request for a transfer no earlier than January 1 and no later than May 1
34   of the year before school year before the school year in which the student
35   intends to transfer.
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     *JNL046*                                                                     02-08-2021 10:11:27 JNL046
     As Engrossed:   S2/8/21                                                        SB147
 1        SECTION 2.   Arkansas Code  6-18-227(b)(3)(A)(ii)(a), concerning the
 2   Arkansas Opportunity Public School Choice Act, is amended to read as follows:
 3                              (ii)(a)     Offer the parent, guardian, or student, if
 4   the student is over eighteen (18) years of age, an opportunity to submit an
 5   application no earlier than January 1 and no later than May 1 to enroll the
 6   student in the upcoming school year in any public school district that is not
 7   classified by the state board as a public school district in need of Level 5
 8    Intensive support under  6-15-2913 and 6-15-2915 or a public school
 9   within the resident district that does not have a rating of F under  6-15-
10   2105 or  6-15-2106 and state board rules.
11
12        SECTION 3.   Arkansas Code  6-18-227(b)(3)(B)(i), concerning the
13   Arkansas Opportunity Public School Choice Act, is amended to read as follows:
14                     (B)(i)     The parent or guardian of a student enrolled in or
15   assigned to a public school district that is classified by the state board as
16   a public school district in need of Level 5  Intensive support under  6-15-
17   2913 or  6-15-2915 or a public school that does not have has a rating of F
18   under    6-15-2105 and 6-15-2106 and state board rules may choose as an
19   alternative to enroll the student in a legally allowable public school
20   district that is not classified as a public school district in need of Level
21   5  Intensive support under  6-15-2913 or  6-15-2915 or a public school
22   that does not have a rating of F under  6-15-2105 and 6-15-2106 and state
23   board rules and that is nearest to the student's legal residence.:
24                                    (a)    Apply to enroll the student in a legally
25   allowable public school district that is not classified as a public school
26   district in need of Level 5  Intensive Support under  6-15-2913 or  6-15-
27   2915; or
28                                    (b)(1)      Apply to enroll the student in a public
29   school within the resident district that does not have a rating of "F" under
30    6-15-2015 and 6-15-2106 and state board rules and that is nearest the
31   legal residence of the student.
32                                             (2)   If there is no public school within
33   the resident district that does not have a rating of "F" under  6-15-2105
34   and 6-15-2106 and state board rules, the student may apply to enroll in a
35   nonresident public school district and, if accepted, be placed in a public
36   school that does not have a rating of "F" under  6-15-2015 and 6-15-2106
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     As Engrossed:        S2/8/21                                                     SB147
 1   and state board rules.
 2
 3         SECTION 4.        Arkansas Code  6-18-227(d)(2), concerning the Arkansas
 4   Opportunity Public School Choice Act, is amended to add additional
 5   subdivisions to read as follows:
 6                           (C)    Except as provided in subdivision (b)(1)(B)(ii) of
 7   this section, by July 1 of the school year in which the student seeks to
 8   enroll in a nonresident district, the nonresident district shall notify the
 9   parent or guardian of the student and the resident district in writing as to
10   whether the student's application has been accepted or rejected.
11                           (D)    If the parent or guardian of the student has applied
12   to attend a school within the student's resident district, the resident
13   district shall notify the parent or guardian of the student in writing as to
14   whether the student's application has been accepted or rejected by July 1.
15                           (E)    For each application received under subdivision
16   (b)(1)(B)(ii) of this section, the nonresident district or resident district
17   shall notify the parent or guardian of the student in writing as to whether
18   the student's application has been accepted or rejected within fifteen (15)
19   calendar days of the application being received.
20
21         SECTION 5.        Arkansas Code  6-18-227(d)(3), concerning the Arkansas
22   Opportunity Public School Choice Act, is amended to read as follows:
23                  (3)    A student or the student's parent or guardian may appeal a
24   school district's decision to deny admission to a school in the student's
25   school district of choice due to lack of capacity to the state board by
26   postmarking or delivering the appeal within ten (10) days after the student
27   or the student's parent or guardian receives a written notice from the school
28   district of choice that admission has been denied.
29
30         SECTION 6.        Arkansas Code  6-18-1905(a), concerning applications for a
31   transfer under the Public School Choice Act of 2015, is amended to read as
32   follows:
33         (a)(1)     A application under this section shall be accepted no earlier
34   than January 1 and no later than May 1 each year.
35                  (2)(A)     Each school district shall have a policy stating the
36   method by which a parent or guardian of a student may submit a school choice
                                                3               02-08-2021 10:11:27 JNL046
     As Engrossed:     S2/8/21                                                          SB147
 1   application, including without limitation:
 2                                (i)     Regular mail;
 3                                (ii)     Email; and
 4                                (iii)     Hand delivery.
 5                       (B)     A public school district shall not require a parent or
 6   guardian of a student to file an application in person.
 7               (3)    If a student seeks to attend a school in a nonresident
 8   district, the student's parent or guardian shall submit an application:
 9                       (1)(A)     To the nonresident district with a copy and to the
10   student's resident district;
11                       (2)(A)(B)(i)        On a form approved by the Division of
12   Elementary and Secondary Education.
13                                (B)(ii)     If a student has a parent or guardian who is
14   an active-duty member of the military and who has been transferred to and
15   resides on a military base, then the student's parent or guardian shall file
16   an application for transfer under this section within fifteen (15) days of
17   the parent's or guardian's arrival on the military base, which shall include
18   without limitation the parent's or guardian's:
19                                              (i)(a)    Military transfer orders; and
20                                              (ii)(b)   Proof of residency on the
21   military base; and
22               (3)(A)(C)(i)       Postmarked or delivered no later than May 1 of the
23   year in which the student seeks to begin the fall semester at the nonresident
24   district.
25                       (B)(ii)        However, if a student has a parent or guardian who
26   is an active-duty member of the military, then the student's application for
27   a transfer under this section is not subject to the May 1 deadline under
28   subdivision (a)(3)(A) (a)(3)(C)(i) of this section if the student's parent or
29   legal guardian:
30                                (i)(a)     Has been transferred to and resides on a
31   military base; and
32                                (ii)(b)     Provides military transfer orders that
33   confirm the date of transfer to the military base.
34
35        SECTION 7.     Arkansas Code  6-18-1907(b), concerning rules and appeals
36   under the Public School Choice Act of 2015, is amended to add an additional
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     As Engrossed:   S2/8/21                                                    SB147
 1   subdivision to read as follows:
 2                     (4)     A student is not permitted to request a hearing before
 3   the state board if his or her application for a transfer is rejected due to
 4   the application not being timely received by both the resident district and
 5   nonresident district.
 6
 7                                      /s/J. English
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10                                    APPROVED: 3/25/21
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Statutes affected: 
Old version SB147 Original - 1-19-2021 12:54 PM: 6-18-227(b), 6-18-227(d), 6-18-1905(a), 6-18-1907(b)
Old version SB147 V2 - 2-8-2021 10:11 AM: 6-18-227(b), 6-18-227(d), 6-18-1905(a), 6-18-1907(b)
SB 147: 6-18-227(b), 6-18-227(d), 6-18-1905(a), 6-18-1907(b)
Act 490: 6-18-227(b), 6-18-227(d), 6-18-1905(a), 6-18-1907(b)
Old version of SB 147 - 02-08-21: 6-18-227(b), 6-18-227(d), 6-18-1905(a), 6-18-1907(b)
Old version of SB 147 - 01-19-21: 6-18-227(b), 6-18-227(d), 6-18-1905(a), 6-18-1907(b)