To Repeal The Statute Concerning The Prohibition Against A School District Board Of Directors Granting A Legal Transfer Under Certain Conditions.
Summary
HB1199 repeals Arkansas Code § 6-18-317, the statute that currently prohibits local school district boards from approving certain legal student transfers when either the resident district or the receiving district is subject to a desegregation-related court order and the transfer would violate that order. Under current law, districts must also file affidavits confirming compliance, and the Division of Elementary and Secondary Education can withhold state aid if the paperwork requirement is not met. By removing this section entirely, the bill eliminates that specific statutory prohibition and the related affidavit and funding-enforcement provisions.
In practical terms, the bill would leave legal student transfers to be governed by the remaining transfer laws and any applicable court orders, rather than by this standalone statutory ban. The repeal affects local school district boards, the Division of Elementary and Secondary Education, and families seeking legal transfers between districts, especially in districts with desegregation obligations. It also removes a state-law mechanism that tied transfer approval and state aid consequences to compliance with desegregation-related restrictions.
Impact
The bill directly repeals Arkansas Code § 6-18-317, removing a statutory restriction on legal transfers involving school districts under desegregation-related court orders. It also eliminates the requirement for board-member affidavits and the associated state-aid withholding penalty for noncompliance. As a result, the state’s school transfer framework would be less restrictive in statute, though districts would still remain subject to any binding federal or state court desegregation orders.
Sentiment
The available voting history suggests broad legislative support for the bill. It passed the House 95-0 and the Senate 31-1, indicating strong bipartisan approval overall. No committee transcript excerpts were provided, so there is no recorded committee debate to indicate substantial opposition or concern in the materials supplied.
Contention
The main policy issue underlying the bill is the interaction between school choice/transfer rights and desegregation enforcement. Supporters likely view the repeal as removing an outdated or overly rigid statutory barrier to student transfers, while opponents may worry that eliminating the prohibition could weaken protections intended to preserve desegregation efforts or complicate compliance with court orders. The bill text itself does not resolve those concerns; it simply removes the statutory ban and related enforcement provisions, leaving any remaining limits to court orders and other transfer laws.