1.00
PURPOSE
1.01 These rules shall be known as
the Arkansas Department of Education Rules Governing the Administrative
Consolidation and Annexation of Public School Districts.
2.00 AUTHORITY
2.01 The State Board of Education's authority
for promulgation of these rules is pursuant to Ark. Code Ann. §
6-11-105, Ark.
Code Ann. §
6-13-1603
and § 1604 [Acts 60 and 80 of the Second Extraordinary Session, 2003] and
Ark. Code Ann. §
25-15-204.
3.00 DEFINITIONS
3.01 "Administrative annexation" means the
joining of an affected school district or a part of the school district with a
receiving district.
3.02
"Administrative consolidation" means the joining of two (2) or more school
districts to create a new single school district with one (1) administrative
unit and one (1) board of directors that is not required to close school
facilities.
3.03 "Affected
district" means a school district that loses territory or students as a result
of administrative annexation or consolidation.
3.04 "Average daily membership" (ADM) means
the total number of days attended plus the total number of days absent by
students in grades kindergarten through twelve (K-12) during the first three
(3) quarters of each school year divided by the number of school days actually
taught in the district during that period of time rounded up to the nearest one
hundredth. Students who may be counted for average daily membership are:
(i) students who reside within the boundaries
of the school district and who are enrolled in a public school operated by the
district or a private school for special education students, with their
attendance resulting from a written tuition agreement approved by the
Department of Education;
(ii)
legally transferred students living outside the district but attending a public
school in the district; and
(iii)
students who reside within the boundaries of the school district and who are
enrolled in the Arkansas National Guard Youth Challenge Program, so long as the
students are participants in the program.
3.05 "Consolidated average daily membership"
means the sum of the average daily membership for each school district included
in a consolidation if the average daily membership for the school district was
five hundred (500) or fewer for the school year immediately preceding the
school year for which the consolidation becomes effective.
3.06 "Consolidation assistance funding"
means, unless otherwise stated herein, funding assistance provided pursuant to
Section 7.00 of these rules to assist both administrative consolidations and
annexations.
3.07 "Isolated school"
means a school within a school district that prior to administrative
consolidation or annexation qualified as an isolated school district under
A.C.A. §
6-20-601
and is subject to administrative consolidation or annexation.
3.08 "National school lunch students" means
those students from low socioeconomic backgrounds as indicated by the
eligibility for free or reduced-priced meals under the National School Lunch
Act as calculated and verified on October 1 of each year and submitted to the
Department of Education.
3.09
"Petition for voluntary administrative annexation" means the official forms and
documents published by the Department and hereby attached and incorporated into
these rules as Attachment A, which are the official forms and documents
necessary for school districts to properly petition the State Board for
administrative annexation of a school district or districts into a receiving
school district.
3.10 "Petition for
voluntary administrative consolidation" means the official forms and documents
published by the Department and hereby attached and incorporated into these
rules as Attachment B, which are the official forms and documents necessary for
school districts to properly petition the State Board for administrative
consolidation of a school district or districts into a resulting school
district.
3.11 "Receiving district"
means a school district or districts that receive territory or students, or
both, from an affected district as a result of administrative
annexation.
3.12 "Resulting
district" means the new school district created from an affected district or
districts as a result of administrative consolidation.
4.00 PROCEDURES OF THE STATE BOARD OF
EDUCATION CONCERNING VOLUNTARY ADMINISTRATIVE CONSOLIDATION OR ANNEXATION UNDER
ACT 60 (SECOND EXTRAORDINARY SESSION OF 2003)
4.01 Any school district submitting a
Petition for Voluntary Administrative Consolidation or Annexation pursuant to
Act 60 may submit a single petition for State Board consideration. A school
district's Petition for Voluntary Administrative Consolidation or Annexation
(Petition), including all required attachments, MUST be received
in the Office of the Director, Department of Education, #4 Capitol Mall, Little
Rock, AR 72201, NO LATER THAN 4:30 p.m. on April 1, of the year of
petition. Petitions MUST be submitted on the proper official
Department of Education petition form and attached documents hereby
incorporated into these rules as Attachments A and B respectively. A school
district may attach additional information to the petition form, if necessary,
to fully present its information. If mailed, the petition and all required
attachments must be sent by certified mail, return receipt requested. PETITIONS
RECEIVED AFTER 4:30 P.M. ON APRIL 1, OF THE YEAR OF PETITION, SHALL NOT BE
CONSIDERED BY THE STATE BOARD REGARDLESS OF DATE MAILED.
4.02 While there is no provision in Act 60
that notice be published, the petitioning school districts are strongly
encouraged to publish their intent to petition the State Board to consolidate
or annex into a resulting or receiving school district by running said
publication in a local newspaper of general circulation once a week for two (2)
consecutive weeks. The petitioning parties may publish their intention to
petition the State Board in a statewide newspaper of daily circulation, if the
local newspaper does not publish on a daily or weekly basis.
4.03 The State Board may consider the
petition at either a regular or special board meeting. All petitions for
administrative consolidation or annexation timely filed with the State Board
shall be heard by the State Board at either a regularly scheduled or specially
called meeting after April 1, of the year of petition, with appropriate notice
to all parties.
4.04 The State
Board shall give at least five (5) calendar days advance written notice from
the date of receipt to a petitioning school district of the date, time and
place of the State Board meeting at which its petition will be considered.
Notice may be provided via U.S. mail, facsimile or ADE electronic Director's
Memo.
4.05 At the hearing before
the State Board, the order of presentation shall be as follows:
A) Remarks by petitioning school districts'
spokesperson(s);
B) Remarks by
opposing school districts and citizens' groups' spokesperson(s);
C) Closing remarks by opposing school
districts and citizen's groups' spokesperson(s); and
D) Closing remarks by petitioning school
districts' spokesperson(s).
4.06 Each petitioning school district shall
have twenty (20) minutes to present the district's remarks. The district may
allocate its time to one (1) or more spokespersons, but the total time
allocated should not exceed twenty (20) minutes. In its sole discretion, the
State Board may allow a district's spokesperson(s) more than twenty (20)
minutes to speak.
4.07 Any school
district or group of citizens, which opposes a petition, shall have the
opportunity to present its opposition to the State Board. The State Board may,
on its own motion, choose to hear from more than one (1) spokesperson per
opposing school district or group of citizens. However, the spokesperson(s)
representing the opposing school district(s) or group of citizens shall have a
total time allocated not to exceed twenty (20) minutes. In its sole discretion,
the State Board may allow the spokesperson(s) more than twenty (20) minutes to
speak.
4.08 Both the district and
the opposition shall be given ten (10) minutes to present closing remarks to
the State Board, allocated among one (1) or more spokesperson(s) as each side
sees fit.
4.09 Time taken by a
spokesperson to respond to a question by a State Board member shall not count
against the respective side's time allotment.
4.10 Any documents to be considered by the
State Board shall be submitted via first class mail to the Director's Office
three (3) business days prior to the State Board hearing of the petition for
administrative consolidation or annexation.
4.11 The State Board shall issue a written
decision approving the administrative consolidations or annexations requested
in the petitions, if the petitions are granted. If the State Board denies a
petition, it shall issue a written decision stating the reasons for such
denial.
4.12 The State Board's
written decision shall be made on or before June 1, of the year of
petition.
4.13 Under no
circumstances shall the State Board be obligated to grant a petition where to
do so would hamper, delay, or in any manner negatively affect the desegregation
efforts of any school district or districts in the state including school
districts which are not petitioners for the administrative consolidation or
annexation before the State Board.
4.14 If the State Board denies a school
district's petition or does not receive a petition from a school district on
the consolidation list, then the State Board shall, on its own motion,
administratively consolidate all of the school district with or into one (1) or
more other school districts by June 1, of the year of petition.
4.15 For administrative consolidations
considered under the provisions of Section 4.14, the notice requirements placed
upon the State Board by Section 4.04 shall not apply. Instead, the State Board
shall provide such advance notice to the districts of the State Board's meeting
at which the administrative consolidation will be considered as is practicable
and required by law.
5.00
STATE BOARD OF EDUCATION ACTION ON PETITIONS FOR ADMINISTRATIVE CONSOLIDATION
OR ANNEXATION
5.01 Except as otherwise
provided for in these rules or law and in addition to any other requirements
herein, the State Board shall not deny a petition for voluntary administrative
consolidation or annexation of any two (2) or more school districts unless:
(A) The provisions contained in the articles
of administrative consolidation or annexation would violate state or federal
law; or
(B) The voluntary
administrative consolidation or annexation would not contribute to the
betterment of the education of students in the districts; or
(C) The proposed consolidation or annexation
does not result in a resulting or receiving school district with an average
daily membership meeting or exceeding three hundred fifty (350) based upon the
prior year third (3
rd) quarter average daily
membership.
In making a determination under (B) of Section 5.01, certain
considerations will be taken into account by the State Board. The State Board
will consider the extent to which the respective districts are or have been in
compliance with certain provisions of Arkansas law or State Board rules,
including academic and fiscal distress, Standards for Accreditation, and
Arkansas teacher salary schedules.
For those resulting or receiving districts in compliance with Section
5.01 (C), the projected ADM of the proposed resulting or receiving district
shall not be a factor in making the determination to approve or deny the
petition for administrative consolidation or annexation.
If the State Board, after consideration of the petition and the
evidence produced at the hearing, shall determine that significant reason(s)
exist why the proposed administrative consolidation or annexation would not
contribute to the betterment of the education of the students in the districts,
it may deny the petition and shall state its specific findings in the order
entered in the proceedings.
5.02 Prior to the entry of any order
approving a petition for administrative consolidation or annexation, the State
Board shall seek an advisory opinion from the Attorney General concerning the
impact of the proposed annexation or consolidation on the effort of the state
to assist a district or districts in desegregation of the public schools of
this state.
5.03 In addition to all
other requirements in these rules, the State Board shall not approve any
petition nor order any annexation or consolidation of school districts when the
effect of such annexation or consolidation hampers, delays, or in any manner
negatively affects the desegregation efforts of a school district or districts
in this state.
5.04 In addition to
the standards set forth in Section 5.01 of these rules, noncontiguous school
districts may voluntarily consolidate if:
(A)
(1) The facilities and physical plant of each
school district are within the same county, and
(2) The State Board approves the
administrative consolidation, or
(B)
(1) The
facilities and physical plant of each school district are not within the same
county, and
(2) The State Board
approves the administrative consolidation or annexation and finds that:
(i) The consolidation or annexation will
result in the overall improvement in the educational benefit to students in all
of the school districts involved, or
(ii) The consolidation or annexation will
provide a significant advantage in transportation costs or service to all of
the school districts involved.
5.05 If the resulting district in an
administrative consolidation fails to establish an interim school board by May
31 of the year of petition, the State Board shall appoint an interim board to
serve until the next elected school board assumes office, in the following
manner:
(A) The interim board shall be made
up of seven (7) board members;
(B)
The interim board shall be made up of board members from the boards of
directors of the affected school districts;
(C) The proportion of board members from each
of the affected school districts shall be equal to the proportion of the
student population in the resulting school district that came from each
affected school district, with no less than one (1) board member being selected
from the board of each affected school district;
(D) Unless provided otherwise by the State
Board, the board membership of each interim resulting school district under
Section 5.05 shall be selected first of the board presidents; second, board
secretaries; and third, any other remaining current local board members
selected by the State Board;
(E)
The interim board shall have no authority to govern the resulting consolidated
school district until the July 1 effective date of the consolidation;
and
(F) The interim board shall
serve until the new school board directors have been sworn in and commissioned
after the September school board election immediately following the effective
date of the consolidation.
5.06 If the resulting district in an
administrative consolidation voluntarily agrees to establish an interim school
board by May 31, of the year of petition, the board shall be selected as
follows:
(A) The board of directors of the
affected districts may by agreement establish an interim board of directors of
the resulting district composed of not fewer than five (5) nor more than seven
(7) directors, except for those school districts allowed to do otherwise
pursuant to A.C.A. §
6-13-604;
(B) The proportion of board members from each
of the affected school districts shall be equal to the proportion of the
student population in the resulting school district that came from each
affected school district, with no less than one (1) board member being selected
from the board of each affected school district;
(C) The board of each affected school
district shall select the board members that it wishes to have placed on the
interim board of the resulting district. If the affected district is unable to
select membership by a majority vote of the local board, the affected
district(s) may select members to the interim resulting board by drawing
lots.
(D) The interim board shall
have no authority to govern the resulting consolidated school district until
the July 1 effective date of the consolidation; and
(E) The interim board shall serve until the
new school board directors have been sworn in and commissioned after the
September school board election immediately following the effective date of the
consolidation.
5.07 If a
school district fails to petition the State Board for administrative
consolidation or annexation as required by A.C.A. §
6-13-1603(a)(2)(A)
or the State Board denies a petition for administrative consolidation or
annexation, the State Board shall, on its own motion, administratively
consolidate a school district with or into any one (1) or more school districts
in Arkansas by June 1, and the administrative consolidation shall be effective
the July 1 immediately following the publication of the list required under
A.C.A. §
6-13-1602.
5.08 The State Board shall promptly consider
petitions or move on its own motion to administratively consolidate a school
district on the consolidation list in order to enable the affected school
districts to reasonably accomplish any resulting administrative consolidation
or annexation by July 1 immediately following the publication of the list
required under A.C.A. §
6-13-1602.
5.09 Upon approving a petition for
administrative consolidation or annexation or acting on its own motion to
administratively consolidate school districts, the State Board shall prepare a
written order of administrative consolidation or annexation and file such order
with the county clerk's office of each county clerk in the counties where the
resulting or receiving school district is located.
5.10 The State Board shall not order the
closing of any isolated school facility as a result of an administrative
consolidation or annexation of an isolated school except as allowed by
law.
5.11 The State Board shall not
order the closing of any school facility in a school district included in the
consolidation list required by A.C.A. §
6-13-1602
as a result of an administrative consolidation or annexation prior to the
completion of an assessment of public school facilities, but in no event shall
any school facility be closed, prior to June 1, 2005, except as allowed by
law.
5.12 The board of directors of
any receiving school district created after an administrative annexation
(whether interim or permanent) shall be in compliance with A.C.A. §
6-13-1406 and Acts 60 and 25 of the Second Extraordinary Session
2003.
6.00 GENERAL
PROVISIONS GOVERNING ADMINISTRATIVE CONSOLIDATIONS OR ANNEXATIONS
6.01 All administrative consolidations or
annexations shall be accomplished so as not to create a school district that
hampers, delays, or in any manner negatively affects the desegregation of
another school district in this state.
6.02 The millage rate of the electors of the
affected districts of an administrative consolidation or annexation shall
remain the same until an election may be held to change the rate of taxation
for the resulting or receiving district.
6.03 No administrative consolidation or
annexation shall be construed to require the closing of any school or school
facility except as allowed by law.
6.04 All resulting or receiving school
districts created from an administrative consolidation or annexation shall have
no more than one (1) superintendent and no more than one (1) local school
board.
6.05 No school district
administratively consolidated with a school district classified by the State
Board as being in academic or fiscal distress shall be subject to academic or
fiscal distress sanctions for a period of three (3) years from the July 1
effective date of consolidation unless:
(A)
The school district fails to meet minimum teacher salary requirements set forth
in law and rules; or
(B) The school
district fails to comply with the Standards for Accreditation of Arkansas
Public Schools issued by the Department of Education.
6.06 The provisions of A.C.A. §
6-13-1406 and Act 25 of the Second Extraordinary Session 2003 shall govern the
board of directors of each resulting or receiving school district created from
an administrative consolidation or annexation.
6.07 No charter school in existence on
January 29, 2004, or achieving charter school status by June 1, 2005, shall be
subject to the administrative consolidation or annexation requirements of
A.C.A. §
6-13-1601 -
1604.
7.00 ADMINISTRATIVE
CONSOLIDATION ASSISTANCE FUNDS
7.01 The state
shall, as a first priority, pay administrative consolidation assistance funding
to each school district that meets the following qualifications:
(A) A school district that is
administratively consolidated or annexed by the State Board pursuant to A.C.A.
§
6-13-1603
by July 1, 2004; or
(B) Whose
petition for voluntary administrative consolidation or annexation is approved
by the State Board pursuant to A.C.A. §
6-13-1603
and is effective as of July 1, 2004, and the average daily membership of the
school district is at least three hundred fifty (350) and no more than five
hundred (500) for each of the two (2) school years preceding the school year in
which the administrative petition for consolidation or annexation is
filed.
7.02 For school
districts that qualify under Section 7.01, administrative consolidation
assistance funding shall be paid in an amount equal to:
(A) Eight hundred dollars ($800) multiplied
times the consolidated average daily membership; plus
(B) Seven hundred dollars ($700) multiplied
times the consolidated national school lunch student total; and
(C) No school district with an average daily
membership of greater than five hundred (500) for the school year immediately
preceding the school year the consolidation or annexation becomes effective
shall have that school district's student population included in the
"consolidated average daily membership" or the "consolidated national school
lunch student total".
(D) In no
event shall the total consolidated average daily membership or the total
consolidated national school lunch student count exceed seven hundred (700) for
purposes of assistance funding.
7.03 To the extent funding is available after
the administrative consolidation assistance funds allowed under 7.02 is
provided to all eligible school districts, the state shall pay administrative
consolidation assistance funds to each school district that:
(A) Has an average daily membership of more
than five hundred (500) for each of the two (2) school years preceding the
school year in which the administrative consolidation or annexation petition is
filed; and
(B) Administratively
consolidates or annexes with or into another school district by July 1,
2004.
7.04 For school
districts that qualify under Section 7.03, administrative consolidation
assistance funds paid pursuant to Section 7.06 shall be paid in an amount equal
to:
(A) Eight hundred dollars ($800)
multiplied times the resulting or receiving district's average daily
membership, but the resulting or receiving district's average daily membership
number used in this calculation shall not exceed seven hundred (700) students;
and
(B) Seven hundred dollars
($700) multiplied times the resulting or receiving district's national school
lunch student total, but the resulting or receiving district's national school
lunch student total used in this calculation shall not exceed seven hundred
(700) national school lunch students.
7.05 If sufficient funding is not available
to pay the initial amounts required under Section 7.04, those amounts shall be
reduced by the Department in such a manner as to provide equal administrative
consolidation assistance funds per student to the school districts that are
eligible for funding under Section 7.03.
7.06 A school district that is eligible to
receive funding under both Section 7.02 and Section 7.04 shall first receive
funding under Section 7.02 and then shall receive funding under Section 7.04,
but a school district shall not receive total funding for more than seven
hundred (700) students under either or both Sections 7.02 and Section
7.04.
7.07 Administrative
consolidation or annexation assistance funding may be used by the school
districts for any purpose. However, the State Board may by later rule require
some or all of the funds allocated to the resulting or receiving district to be
expended on the construction or improvement of school facilities.
7.08 All administrative consolidation or
annexation assistance funding shall be paid to the resulting or receiving
school district during the first year of consolidation or annexation as
appropriation and funding is available.
8.00 ISOLATED SCHOOLS
8.01 Prior to July 1, 2004, and each July 1
thereafter, the Department shall determine which schools meet the definition of
"isolated schools" based upon the verified information submitted in the
district's petition for administrative consolidation or annexation or based
upon relevant data submitted to the Department pursuant to A.C.A. §
6-20-601
and 602.
8.02 Any isolated school
within a resulting or receiving school district shall remain open except as
allowed by law.
8.03 Funding for
isolated schools shall be expended by the resulting or receiving district only
on the operation, maintenance, and other expenses of the isolated schools
within the resulting or receiving school district.
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Exhibit A
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Exhibit C
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Exhibit E
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EXHIBIT F
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