Arkansas Department of Education Division of Elementary and Secondary Education Act 173 of 2017 - Enrollment of Private School or Home School Students

Memo Information

Memo Number
Memo Date
Memo Type
Legal Services
Regulatory Authority
Act 173 of 2017
Response Required
Superintendents; Principals

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Memo Text

Act 173 of 2017 adds a new code section that permits, but does not require, public school districts including open-enrollment public charter schools, to adopt a policy to allow a student who attends a private school or a home school to enroll in an academic course at a public school, including an open-enrollment public charter school, if the student resides in the district where the public school or charter school is located.


A policy adopted by a school district should:

(a) Set admission criteria determined by the school district including, without limitation, residency in the district;

(b) Specify how many courses a private school or home school student may enroll in during each semester or year;

(c) Set limits on enrollment determined by the school district, which may include:

(1) Certain academic courses or grade levels;

(2) Capacity or student-to-teacher ratios; or

(3) Other criteria determined by the school district.


The race, ethnicity, or disability status of a student shall not be used to deny a student the ability to enroll in a public school district.  


A private school or homeschool student enrolled pursuant to the district’s policy should be entered into the eSchool software using resident code 4 – Resident Home/Private with ADM in the Residency Program with the start date the student enrolls into the course(s).  The district will also have to enter the percent of ADM that the student is entitled based on the number of courses enrolled, not to exceed one ADM per student regardless of the number of courses in which the student is enrolled. The amount should be entered in the Part-time ADM field located in Demographics on the SIS/MISC Screen. For questions regarding entering students into the eSchool software, contact your APSCN Student Field Analyst or the APSCN Help Desk.


Act 173 is effective as of August 1, 2017. 


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