(a) Whenever any child with disabilities attends or seeks to attend a school district other than the school district in which the child's lawful parents, guardian, or other person in loco parentis to the child resides, the receiving district may make application to the sending district requesting that all state, federal, local, or other funds received by the sending district in behalf of the education of the child for the school year or portion of the school year the child attends school in the receiving district be remitted by the sending district to the receiving district.
(b) Before requesting such funds, the requesting district shall have made a determination that:
(1) The child is a child with disabilities as defined in this subchapter and the applicable rules promulgated by the State Board of Education, as provided in this subchapter;
(2) The attendance of the child with disabilities in the school district is in the best interest of the education of the child with disabilities;
(3) The receiving district has accepted or is willing to accept the child with disabilities as a student; and
(4) The request for attendance at the receiving district is not based upon any racial or other reason that might be contrary to the laws and regulations of the United States or of this state or the rules promulgated by the state board under the provisions of this subchapter.
(c) The request for funds from the sending district shall be prepared by the receiving district in writing, setting forth the name of the child, the name and address of the parents, guardian, or other person lawfully responsible for the child, stating the reasons why the child is in attendance or seeks to attend the receiving district instead of the district in which the child should be in attendance, and stating that the receiving district has determined it is in the best interest of the education of the child with disabilities that the child be permitted to attend school in the receiving district.
Structure Arkansas Code
Subtitle 2 - Elementary and Secondary Education Generally
Subchapter 5 - Funds for Children with Disabilities and Foster Children
§ 6-20-501. Legislative determination
§ 6-20-504. Children living in foster homes
§ 6-20-505. Children with disabilities — Receiving district's request for funds
§ 6-20-506. Children with disabilities — Approval or rejection of request
§ 6-20-507. Children with disabilities — Hearing before hearing officer
§ 6-20-508. Children with disabilities — Hearing and ruling by State Board of Education
§ 6-20-509. Children with disabilities — Sending district's refusal to pay