Ark. Code Ann. § 6-18-307 (2026)
Transfer from one school district to adjoining school district
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- The parent or guardian of any child or ward whose place of residence is at least fifteen (15) miles from the 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.
- The minimum distances prescribed by this subsection shall be computed using highways that could reasonably and safely be traversed by school buses.
- A copy of such written agreement by the receiving district shall be filed with any such petition.
- If the parents or guardians of several children in a particular area meet the requirements prescribed in this subsection, the parents or guardians may jointly petition the board of directors of the resident district for transfer of their children or wards to the adjoining district.
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- When any individual or joint petition as authorized in subsection (a) of this section 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.
- If the board of directors denies the petition, the petitioners may appeal to the State Board of Education.
- Within forty-five (45) days after the appeal to the state board, the state board shall either grant or deny the transfer.
- The ruling of the state board shall be the final administrative ruling on the petition.
- The transfer of any child or children from one (1) district to another as permitted in this section shall constitute a transfer of the legal responsibility for the education of the child or children to the receiving district, and the child or children shall be included in the average daily membership of the receiving district for state aid purposes.
History. Acts 1983 (1st Ex. Sess.), No. 61, § 2; A.S.A. 1947, § 80-1528.1; Acts 1989, No. 731, § 1; 1999, No. 1078, § 73.
6-18-308 — 6-18-310. [Repealed.]
Publisher's Notes. These sections, concerning hearings for objections to school assignment, were repealed by Acts 1989, No. 950, § 1. The sections were derived from the following sources:
6-18-308. Acts 1959, No. 461, § 7; A.S.A. 1947, § 80-1529.
6-18-309. Acts 1959, No. 461, § 10; A.S.A. 1947, § 80-1532.
6-18-310. Acts 1959, No. 461, § 9; A.S.A. 1947, § 80-1531.
6-18-311 — 6-18-315. [Reserved.]
- Upon the petition of a student residing in one (1) school district, the resident district, to transfer to another school district, the 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.
- Forms for use in transferring children from one (1) school district to another shall be provided by the Division of Elementary and Secondary Education.
- After the petition has been approved by the board of directors of the resident district and the board of directors of the receiving district, copies of approved transfers shall be filed by the receiving district with the office of the county clerk, with the administrative offices of the respective school districts, and with the division.
- This legal transfer of a student from one (1) district to another places the responsibility for the education of the student on the receiving district and permits the receiving district to count these children in average daily membership for state aid purposes.
- This section does not transfer the local tax money from the resident district.
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- Upon approval of the transfer by the resident district, the receiving district may also enter into a tuition agreement with either the resident district or the parents of the child or children involved whereby the resident district or the parents will make tuition payments to the receiving district to compensate the district for local taxes not received on behalf of the child or children involved.
- The annual amount of the tuition shall not exceed the average amount of local property tax per pupil collected in the receiving district in the preceding year.
- Student transfers granted under the provisions of this section shall be reviewed at the end of four (4) years by the districts involved to determine whether the agreement should be renewed.
- Student transfers granted under this section 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.
History. Acts 1987, No. 464, § 1; 1987, No. 762, § 1; 1989, No. 950, § 2; 2001, No. 1207, § 2; 2017, No. 1065, § 2; 2019, No. 910, § 1527.
Amendments. The 2017 amendment added (h).
The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (c).
Research References
Ark. L. Rev.
Brinkley Beecher Cook-Campbell, Comment: “Schoolhouse Block”: Why the Arkansas Public School Choice Act Should Be Improved but Not Eliminated, 67 Ark. L. Rev. 927 (2014).
U. Ark. Little Rock L.J.
Jeffrey, School Law, 7 U. Ark. Little Rock L.J. 255.
Case Notes
Consent.
Even though transfer was approved by accepting school district, it was not a valid transfer if approved by neither the county board of education administering the sending district nor the school board of the sending district. Bell v. Howard County Training School Dist. No. 38, 236 Ark. 742, 368 S.W.2d 266 (1963) (decision under prior law).
In order to constitute a legal transfer of students, both school districts must consent to the transfer of students, even if the receiving district is not attempting to claim state money. Newark Sch. Dist. v. Cord-Charlotte Sch. Dist., 278 Ark. 110, 644 S.W.2d 253 (1983) (decision under prior law).
Former statute requires the written agreement of both the sending and receiving district before a child domiciled in one district could attend school in another district. Delta Special School Dist. # 5 v. McGehee Special School Dist. # 17, 280 Ark. 489, 659 S.W.2d 508 (1983) (decision under prior law).
Effect of Transfer.
Where a valid order of the county court was outstanding directing the transfer of certain children to a certain school district, together with the taxes paid by their parents, the children were entitled to attend school in that district but school directors could refuse to grant a citizen the privilege of voting in a district in which he did not reside. Jones v. Floyd, 129 Ark. 185, 195 S.W. 360 (1917) (decision under prior law).
The district from which a transfer of children had been made no longer had any jurisdiction over the children so transferred. Stephens v. Humphrey, 145 Ark. 172, 224 S.W. 442 (1920) (decision under prior law).
Where alleged constitutional violations were not currently causing racial segregation among the school districts, the trial court correctly refused to order consolidation or an interdistrict magnet school plan. Edgerson ex rel. Edgerson v. Clinton, 86 F.3d 833 (8th Cir. 1996).
Illegal Enrollment.
The proper remedy by one school district against another for illegal student enrollment is by injunction, not by a suit for damages. Newark Sch. Dist. v. Cord-Charlotte Sch. Dist., 278 Ark. 110, 644 S.W.2d 253 (1983) (decision under prior law).
Questioning Transfer.
As between two school districts involved in a transfer of pupils, the second school district has no standing to question the action of the first district in an improper transfer of pupils from a third district. Bell v. Howard County Training School Dist. No. 38, 236 Ark. 742, 368 S.W.2d 266 (1963) (decision under prior law).
Transfer Order.
Transfer held proper. Special School Dist. No. 33 v. Eubanks, 119 Ark. 117, 177 S.W. 900 (1915) (decision under prior law).
Where a resident of a school district procured a transfer of his child to an adjoining district in a mandamus proceeding to compel the admission of such child to the latter district, the school directors could not collaterally question the propriety of the order of transfer by asserting that the transfer was secured to enable the child to evade punishment in the district from which he was transferred. Stephens v. Humphrey, 145 Ark. 172, 224 S.W. 442 (1920) (decision under prior law).
An order for the transfer of children and taxes from one school district to another was merely temporary and remained in effect only while the districts of and from which the transfer was made remained in existence, and any change in the status of the territory operated as an abrogation of the order of transfer. Mabelvale Special Sch. Dist. v. Halstead Special Sch. Dist., 169 Ark. 645, 276 S.W. 584 (1925) (decision under prior law).