ADE Director's Communication Memo Form

Memo Number : FIN-00-038

Date Created : 06/26/2000


Co-op Directors

Type of Memo: Regulatory
Response Required: Optional
Section:   Public School Finance and Admin Support - Ms. Patricia Martin
Transfer of Students/Relations with other Schools Petition for Transfer of Students

Regulatory Authority:
Ark.Code Ann. 6-18-316; 6-18-317; 6-18-318

Contact Person:
Richard McDowell

Phone Number:


Attached is a petition for Transfer of Students form. Please copy this form for your use or request copies from the Department of Education when necessary.

To comply with Ark. Code Ann. 6-18-316, please note the following:

1. Forms for use in transferring children from one school district to another shall be provided by the Department of Education. Please use the attached form which supersedes all previous transfer forms. Old forms will no longer be accepted. It is necessary for all signatures and effective dates to be completed before approval.

2. After the petition has been approved by the board of directors of the resident school district and the board of directors of the receiving district, copies of transfer form 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 Department of Education.

3. This legal transfer of a student from one 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.

Ark. Code Ann. 6-18-317 states: "(a) Boards of directors of local school districts are prohibited from granting legal transfers in the following situations: (1) Where either the resident or the receiving district is under a desegregation-related court order or has ever been under such a court order; and (2) The transfer in question would negatively affect the racial balance of that district which is or has been under such a court order."

The transfer form is accompanied by an affidavit on the reverse side of the form. Each member of both boards must sign the affidavit stating that the transfer does not violate the prohibition set forth in subsection (a) of this section. Any district not currently under a desegregation-related court order but which has been under such a court order in the past may apply to the State Board of Education for a waiver of the prohibition set forth in Ark. Code Ann.6-18-318.


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