Recent amendments to the Rules Governing Public School Choice expand and clarify access to inter-district and intra-district transfers under the Arkansas Public School Choice Act of 2015 and the Opportunity Public School Choice Act. This memo summarizes the process and district compliance responsibilities.

Key dates and timelines

• Application window (following school year): January 1 through June 1 (military families may apply year-round).
• Receiving district written decision: within 15 calendar days of receipt (and no later than July 1).
• Capacity denials may be appealed to the State Board of Education within 10 days of receiving written notice.

Submission and tracking requirements

• Districts must accept applications by mail, email, or hand delivery; districts may not require in-person submission.
• All applications must be date- and time-stamped upon receipt and processed in order of receipt.

Where families submit:

• Intra-district transfer (within the same district): submit the ADE-approved application to the district.
• Inter-district transfer (to another district): submit the ADE-approved application to both the resident district and the receiving district. (Only date- and time-stamp is required by resident district.)

Participation, non-discrimination, and allowable reasons for denial:

• Districts must participate in school choice and may deny a transfer only for a verified lack of capacity.
• Districts may not deny based on sex, race, ethnicity, religion, national origin, disability, English proficiency, residential address, academic achievement, athletic ability, or prior disciplinary status. Exception: expulsion may be considered under A.C.A. § 6-18-510.

Standardized definition of “lack of capacity”:

A district may claim lack of capacity only when one of the following applies:

• 95% threshold: 95% or more of grade-level seats are filled at the requested school/program as of the date of application; or
• Legal class size/ratio limits: accepting the student would exceed student-to-teacher ratio/class-size limits established by federal law, state law, or DESE rules.

  Capacity determinations must be reviewed and adopted annually by the local school board. Districts should maintain board documentation and apply capacity standards consistently.

Written notices and the effective date of transfer:

• Acceptance letters must include a reasonable enrollment deadline.
• Rejection letters must state the reason(s) for denial; capacity-based denials should reference the standardized capacity definition.
• Transfers become effective immediately upon written acceptance by the district. However, enrollment may be delayed by the parent until beginning of the following school year.      

Superintendent compliance checklist:

• Ensure the district’s transfer policy is established, updated, and publicly posted (including acceptance/rejection standards and sibling priority requirements, if applicable).
• Ensure capacity determinations are board-reviewed and board-adopted annually, with supporting documentation maintained.
• Train staff to accept applications by mail/email/hand delivery, date- and timestamp upon receipt, and provide correct guidance on intra- vs. inter-district submission.
• Ensure the receiving district decision process meets the 15-day written notice requirements.
• Align enrollment and athletics offices on AAA requirements and the June 1 deadline for grades 7–10 (Act 475 of 2025).

Thank you for your leadership in ensuring Arkansas families receive consistent information and that districts administer school choice in a fair, lawful, and timely manner.

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