1.00
PURPOSE
1.01 The purpose of these
rules is to establish the requirements and procedures concerning the
consolidation and annexation of school districts; the administrative
consolidation and annexation of school districts; and the distribution of
consolidation/annexation incentive funding.
2.00
AUTHORITY
2.01 The State Board of Education (State
Board) enacts these rules pursuant to the authority granted by Ark. Code Ann.
§§
6-11-105,
6-13-1401 et seq.,
6-13-1601 et seq.,
25-15-201 et
seq., and Act 377 of 2015.
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 school 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:
3.03.1 Loses territory or students as a
result of annexation or administrative annexation; or
3.03.2 Is involved in a consolidation or
administrative consolidation.
3.04 "Aggrieved district" means the lawfully
constituted and existing board of directors of a school district that gains or
loses territory or students as a result of an annexation, administrative
annexation, consolidation, or administrative consolidation;
3.05 "Annexation" means the joining of an
affected school district or part thereof with a receiving district;
3.06 "Average daily membership (ADM)" has the
same meaning as defined by the Arkansas General Assembly in Ark. Code Ann.
§
6-20-2303.
3.07 "Consolidation" means the joining of two
(2) or more affected school districts or parts thereof to create a new single
school district;
3.08 "Debt" means
a legal liability, encumbrance or contract, including employment contracts, to
be paid out of future revenues or current reserves of the school
district.
3.09 "Receiving district"
means a school district or districts that receive territory or students, or
both, from an affected district as a result of annexation or administrative
annexation;
3.10 "Resulting
district" means the new school district created from affected districts as a
result of consolidation or administrative consolidation.
Source: Ark. Code Ann. §§
6-13-1401 and
6-13-1601
4.00
CONSOLIDATION AND ANNEXATION AUTHORITY OF THE STATE BOARD
4.01 There shall not be any consolidation or
annexation of any public school district with any other school district in the
state without the prior consent and approval of the State Board.
Source: Ark. Code Ann. §
6-13-1402
CONSOLIDATION AND ANNEXATION OF SCHOOL
DISTRICTS
5.00
CONDITIONS UNDER WHICH THE STATE BOARD OF EDUCATION MAY ANNEX SCHOOL
DISTRICTS
5.01 The State Board shall
consider the annexation of an affected school district or districts to a
receiving district or districts under any of the following conditions:
5.01.1 The State Board, after providing
thirty (30) days' written notice to the affected school districts, determines
that annexation is in the best interest of the affected district or districts
and the receiving district based upon failure to meet standards for
accreditation or failure to meet academic, fiscal, or facilities distress
requirements pursuant to The Quality Education Act of 2003, Ark. Code Ann.
§
6-15-201 et seq., the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
Ark. Code Ann. §
6-15-401 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
5.01.2 The affected district or districts
file a petition with the State Board requesting annexation to a particular
receiving district or districts, and a copy of the petition is filed with the
county clerk's office of each county where the affected district or districts
are located;
5.01.2.1 The county clerk's
office of each county where the affected district or districts are located
certifies in writing that the petition has been signed by a majority of the
qualified electors of the affected district or districts; and
5.01.2.2 The receiving district or districts
provide to the State Board written proof of consent to receive the affected
district or districts by annexation as evidenced by either a vote to approve
annexation by resolution by a majority of the members of the local receiving
board of education or by a vote to approve annexation by a majority of the
qualified electors of the receiving district as provided for in Ark. Code Ann.
§
6-14-122;
5.01.3 A majority of the qualified
electors in the affected district or districts vote to approve the annexation
of an affected school district or districts to a receiving district or
districts as provided for in Ark. Code Ann. §
6-14-122;
and
5.01.3.1 The receiving district or
districts provide to the State Board written proof of consent to receive the
affected district or districts by annexation as evidenced by either a vote to
approve annexation by resolution by a majority of the members of the local
receiving board of education or by a vote to approve annexation by a majority
of the qualified electors of the receiving district as provided in Ark. Code
Ann. §
6-14-122;
or
5.01.4 The local
board of education of the affected district or districts votes to approve by
resolution the annexation of the affected district or districts to a receiving
district or districts by a majority of the members of the local board of
education of the affected district or districts; and
5.01.4.1 The receiving district or districts
provide to the State Board written proof of consent to receive the affected
district or districts by annexation as evidenced by either a vote to approve
annexation by resolution by a majority of the members of the local receiving
board of education or by a vote to approve annexation by a majority of the
qualified electors of the receiving districts as provided for in Ark. Code Ann.
§
6-14-122.
5.02 The State Board
may vote to approve, by a majority of a quorum present of the members of the
State Board, the annexation of the affected districts into a receiving
district:
5.02.1 The State Board, after
providing thirty (30) days written notice to the affected districts, may on its
own motion based on a school district's failure to meet standards for
accreditation or failure to meet academic, fiscal, or facilities distress
requirements pursuant to The Quality Education Act of 2003, Ark. Code Ann.
§
6-15-201 et seq., the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
Ark. Code Ann. §
6-15-401 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
or
5.02.2 Upon receipt of a valid
petition for annexation and after receiving proof from the petitioning party of
at least one (1) of the required conditions set forth in Ark. Code Ann. §
6-13-1403(a)
and Section 5.01 of these rules, and upon receipt of proof of the issuance of
public notice of the intent to annex affected districts into a receiving
district or districts in the local newspapers of general circulation in the
affected districts for a time period of no less than one (1) time a week for
two (2) consecutive weeks immediately prior to the time the petition is filed
with the State Board.
5.03 In order for the petition for annexation
to be valid, it shall be filed with the State Board at least thirty (30) days
prior to the next regularly scheduled State Board meeting, at which time the
petition will be presented for hearing before the State Board. However, no
petition is required for the State Board to annex a school district or
districts upon a motion of the State Board as allowed in Ark. Code Ann. §
6-13-1403(b)
and Section 5.02 of these rules.
5.04 Upon determination by the State Board to
annex a school district or approval of a petition requesting annexation, the
State Board shall issue an order dissolving the affected district or districts
and establishing the receiving district or districts.
5.04.1 The State Board shall issue an order
establishing the boundary lines of the receiving district or
districts.
5.04.2 It shall be the
duty of the Department of Education to make changes in the maps of the school
districts to properly show the boundary lines of the receiving district or
districts.
5.05 The
State Board shall:
5.05.1 Issue an order
establishing the changed boundaries; and
5.05.2 File the order with the:
5.05.2.1 County clerk of each county that
contains school district territory of each affected or receiving
district;
5.05.2.2 Secretary of
State; and
5.05.2.3 Arkansas
Geographic Information Systems.
5.05.3 The county clerk shall make a
permanent record of the order.
5.05.4 A consolidation or annexation order
filed with the Secretary of State and the Arkansas Geographic Information
Systems shall include a digital map showing the boundaries of the resulting
district or receiving district in a format prescribed by the Arkansas
Geographic Information Systems.
5.05.5 The boundaries established by the
State Board pursuant to Ark. Code Ann. §
6-13-1403(e)
and Section 5.05 of these rules shall be the boundaries of the receiving
district or districts until changes are made according to the provisions of
law.
5.06 The State
Board shall not annex affected districts into a receiving district or districts
that are not geographically contiguous unless the following limited conditions
are determined to be valid reasons for annexation:
5.06.1 The annexation will result in the
overall improvement in the educational benefit to students in all the school
districts involved; or
5.06.2 The
annexation will provide a significant advantage in transportation costs or
service to all the school districts involved.
Source: Ark. Code Ann. §§
6-13-1403,
6-13-1415,
&
6-13-1416
6.00
CONDITIONS UNDER WHICH THE STATE
BOARD OF EDUCATION MAY CONSOLIDATE SCHOOL DISTRICTS
6.01 The State Board shall consider the
consolidation of affected districts into a new resulting district or districts
under the following conditions:
6.01.1 The
State Board, after providing thirty (30) days' written notice to the affected
school districts, determines consolidation is in the best interest of the
affected districts based upon failure to meet standards for accreditation or
academic, fiscal, or facilities distress requirements pursuant to The Quality
Education Act of 2003, Ark. Code Ann. §
6-15-201 et seq., the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
Ark. Code Ann. §
6-15-401 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
or
6.01.2 The affected districts
file a petition with the State Board requesting that the affected districts be
consolidated into a resulting district or districts;
6.01.2.1 A copy of the petition has been
filed with the county clerk's office of each county where the affected
districts are located;
6.01.2.2 The
county clerk's office certifies in writing to the State Board that the petition
has been signed by a majority of the qualified electors of the affected
districts;
6.01.2.3 A majority of
the qualified electors in the affected districts votes to approve consolidation
of the affected districts into a resulting district or districts pursuant to a
valid election as provided in Ark. Code Ann. §
6-14-122;
and
6.01.2.4 The local board of
directors votes to approve by resolution of a majority of the members of each
local board of education the consolidation of the affected districts into a
resulting district or districts.
6.02 The State Board:
6.02.1 After providing thirty (30) days
written notice to the affected districts, may consolidate school districts upon
its own motion based upon a school district's failure to meet standards for
accreditation or academic, fiscal, or facilities distress requirements pursuant
to The Quality Education Act of 2003, Ark. Code Ann. §
6-15-201 et seq., the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
Ark. Code Ann. §
6-15-401 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
or
6.02.2 May vote to approve by a
majority of a quorum present of the members of the State Board the
consolidation of the affected districts into a resulting district or districts
upon receipt of a valid petition for consolidation after receiving proof from
the petitioning party of at least one (1) of the required conditions set forth
in Ark. Code Ann. §
6-13-1404(a)
and Section 6.01 of these rules, and upon receipt of proof of the issuance of
public notice of the intent to consolidate affected districts into a resulting
district or districts in the local newspapers of general circulation in the
affected districts for a time period of no less than one (1) time a week for
two (2) consecutive weeks immediately prior to the time the petition is filed
with the State Board.
6.03 In order for the petition for
consolidation to be valid, it shall be filed with the State Board at least
thirty (30) days prior to the next regularly scheduled State Board meeting, at
which time the petition will be presented for hearing before the State Board.
However, no petition is required for the State Board to consolidate a school
district or districts on a motion of the State Board as allowed Ark. Code Ann.
§
6-13-1404(b)
and Section 6.02 of these rules.
6.04 Upon consolidation of a school district
by the State Board or approval of a petition requesting consolidation, the
State Board shall issue an order dissolving the affected districts and
establishing the resulting district or districts.
6.04.1 The State Board shall issue an order
establishing the boundary lines of the resulting district or
districts.
6.04.2 It shall be the
duty of the Department of Education to make changes in the maps of the school
districts to properly show the boundary lines of the resulting district or
districts.
6.05 The
State Board shall:
6.05.1 Issue an order
establishing the changed boundaries; and
6.05.2 File the order with the:
6.05.2.1 County clerk of each county that
contains school district territory of each affected or resulting
district;
6.05.2.2 Secretary of
State; and
6.05.2.3 Arkansas
Geographic Information Systems.
6.05.3 The county clerk shall make a
permanent record of the order.
6.05.4 A consolidation or annexation order
filed with the Secretary of State and the Arkansas Geographic Information
Systems shall include a digital map showing the boundaries of the resulting
district or receiving district in a format prescribed by the Arkansas
Geographic Information Systems.
6.05.5 The boundaries established under this
subsection shall be the boundaries of the resulting district or districts until
changes are made according to the provisions of law.
6.06 The State Board shall not consolidate
affected districts that are not geographically contiguous unless the following
limited conditions are determined to be valid reasons for consolidation:
6.06.1 The consolidation will result in the
overall improvement in the educational benefit to students in all the school
districts involved; or
6.06.2 The
consolidation will provide a significant advantage in transportation costs or
service to all the school districts involved.
Source: Ark. Code Ann. §§
6-13-1404,
6-13-1415,
&
6-13-1416
7.00
RESULTING DISTRICT SUCCESSOR IN
INTEREST - WHEN PART OF DISTRICT TAKEN
7.01 Any receiving or resulting district
created under Ark. Code Ann. §
6-13-1407
and Section 7.00 of these rules shall become the successor in interest to the
property of the school district dissolved, shall become liable for the
contracts and debts of such a school district, and may sue and be sued
therefor.
7.02 When territory less
than the entire school district is annexed or consolidated to a school
district, the receiving or resulting district shall take the property of the
school district from which the territory was taken, as the State Board shall
deem proper, and shall be liable for that part of all indebtedness of the
school district from which the territory was taken as shall be assigned to it
by the State Board unless otherwise approved by a majority vote of the affected
school district's or districts' board or boards of directors.
Source: Ark. Code Ann. §
6-13-1407
8.00
ANNEXATION OR CONSOLIDATION NOT TO NEGATIVELY IMPACT STATE-ASSISTED
DESEGREGATION
8.01 The State Board
shall not order any annexation or consolidation pursuant to Title 6, Chapter
13, Subchapter 14, or any other act or any combination of acts which hampers,
delays, or in any manner negatively affects the desegregation efforts of a
school district or districts in this state.
8.02 Prior to the entry of any order under
Title 6, Chapter 13, Subchapter 14, 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 school
district or districts in desegregation of the public schools of this
state.
8.03 Any order of annexation
or consolidation or combination thereof that violates the provisions of Ark.
Code Ann. §
6-13-1408
and Section 8.00 of these rules shall be null and void.
Source: Ark. Code Ann. §
6-13-1408
9.00
OTHER STATE BOARD OF EDUCATION DUTIES
9.01 The State Board shall have the following
duties regarding consolidations and annexations:
9.01.1 To form local school districts, change
boundary lines of school districts, dissolve school districts and annex the
territory of those school districts to another school district, create new
school districts, and perform all other functions regarding changes in school
districts in accordance with the law;
9.01.2 To transfer funds and attach territory
that is in no school district to other school districts as may seem best for
the educational welfare of the children; and
9.01.3 To enact rules and regulations
regarding the consolidation and annexation of school districts pursuant to
Title 6 of the Arkansas Code.
9.02 The millage rate of the electors of an
affected district shall remain the same until an election may be held to change
the rate of taxation for the resulting or receiving district or districts.
Source: Ark. Code Ann. §
6-13-1409
10.00
APPEAL AND ELECTION
10.01
Notwithstanding any other provision of law or rule of the State Board, the
decision of the State Board regarding an administrative consolidation,
consolidation, administrative annexation, or annexation shall be final with no
further right of appeal except that only an aggrieved district may appeal to
Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure
Act, Ark. Code Ann. §
25-15-201 et
seq.
Source: Ark. Code Ann. §
6-13-1410
11.00
USE OF FUND BALANCES
11.01
Unless otherwise approved by a unanimous vote of the board of directors of the
resulting district, the fund balances of any school district that is
consolidated, annexed, or otherwise reorganized shall be used by the resulting
district solely for the construction of facilities or the operation,
maintenance, or support of the schools that were located in the affected school
district from which the fund balance was derived if any of the facilities of
the affected district from which the fund balance was derived remain
open.
11.02 The provisions of Ark.
Code Ann. §
6-13-1411
and Section 11.00 of these rules shall not apply if the consolidation or
annexation is because of the school district's failure to meet standards for
accreditation or failure to meet academic, or fiscal, or facilities distress
requirements pursuant to The Quality Education Act of 2003, Ark. Code Ann.
§
6-15-201 et seq., the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
Ark. Code Ann. §
6-15-401 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., or the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.
Source: Ark. Code Ann. §
6-13-1411
12.00
INVOLUNTARY ANNEXATION OR CONSOLIDATION - EFFECTIVE DATE -INTERIM BOARD
OF DIRECTORS
12.01 Ark. Code Ann.
§
6-13-1415
and Section 12.00 of these rules apply to the involuntary consolidation or
involuntary annexation of a school district made by a motion of the State
Board.
12.02 The effective date of
an involuntary consolidation or involuntary annexation of a school district
shall be the July 1 after the State Board action unless determined otherwise by
the State Board.
12.03 The State
Board shall establish the terms and conditions of the involuntary consolidation
or involuntary annexation that shall govern the affected districts, resulting
districts, and receiving districts.
12.04 If the State Board determines that a
new permanent board of directors is necessary, the State Board shall prescribe:
12.04.1 The number of members for the new
permanent board of directors of the resulting district or receiving
district;
12.04.2 The manner of
formation of the new permanent board of directors of the resulting district or
receiving district under Ark. Code Ann. §
6-13-1417
and Section 14.00 of these rules; and
12.04.3 Whether the new permanent board of
directors will be elected at the first or second school election after the
effective date of consolidation or annexation. The election for the new
permanent school board of directors may take place during the second school
election after the effective date of consolidation or annexation only if the
State Board determines that additional time is required to implement
singe-member zoned elections.
12.05 If the State Board determines that an
interim board of directors is necessary, the State Board shall prescribe:
12.05.1 The number of members for the interim
board of directors of the resulting district or receiving district;
12.05.2 The terms of the members of the
interim board of directors of the resulting district or receiving district;
and
12.05.3 The manner of formation
of the interim board of directors of the resulting district or receiving
district. The State Board may:
12.05.3.1
Allow the affected districts and receiving districts thirty (30) days to
establish an interim board of directors to govern the resulting district or
receiving district that consists of either five (5) or seven (7) members
selected from the boards of directors from the affected districts and receiving
districts based on the proportion of the student population of each of the
affected districts and receiving districts before consolidation or
annexation;
12.05.3.2 Appoint an
interim board of directors to govern the resulting or receiving district that
consists of either five (5) or seven (7) members selected from the boards of
directors from the affected districts and receiving districts based on the
proportion of the student population of each of the affected districts and
receiving districts before consolidation or annexation; or
12.05.3.3 Designate the existing board of
directors of one (1) affected district in a consolidation or the existing board
of directors of the receiving district in an annexation as the interim board to
govern the resulting district or receiving district.
12.06 The State Board may
determine that an interim board of directors is not necessary and may order the
existing board of directors of one (1) affected district in a consolidation or
the existing board of directors of the receiving district in an annexation to
remain as the permanent school board of directors.
12.07 An interim board of directors shall
serve until the first school election after the effective date of consolidation
or annexation unless:
12.07.1 Any members of
the permanent board of directors of the resulting district or receiving
district are elected from single-member zones, then the interim board of
directors may serve until the second school election after the effective date
of consolidation or annexation under Ark. Code Ann. §
6-13-1415(d)(l)(C)
and Section 12.04.3 of these rules; or
12.07.2 All the members of the permanent
board of directors of the resulting district or receiving district are elected
at-large, then the State Board may stagger the terms of the interim board of
directors, which shall be determined by lot so that no more than two (2)
members' terms expire during any one (1) year.
12.08 If the State Board allows the local
school districts time to establish an interim board of directors, the board of
directors of each affected district before the consolidation or each affected
district and receiving district before the annexation may determine
independently how to select members of the existing board of directors to serve
on the interim board of directors, subject to approval by the State Board, by:
12.08.1 The voluntary resignation of one (1)
or more members of the existing board of directors;
12.08.2 Selecting one (1) or more members of
the existing board of directors by a majority vote of the school board;
or
12.08.3 Selecting one (1) or
more members of the existing board of directors by a random lot
drawing.
12.09 An
interim board of directors shall be established by May 31 of the year preceding
the effective date of administrative consolidation or administrative annexation
under Ark. Code Ann. §
6-13-1603
if the State Board determines that an interim board of directors is
necessary.
12.10 A consolidation or
annexation order adopted by the State Board shall be filed with the:
12.10.1 County clerk of each county that
contains school district territory of each affected district, receiving
district, or resulting district;
12.10.2 Secretary of State; and
12.10.3 Arkansas Geographic Information
Systems.
12.11 A
consolidation or annexation order shall include a map of the boundaries of the
resulting district or receiving district.
12.12 A consolidation or annexation order
filed with the Secretary of State and the Arkansas Geographic Information
Systems shall include a digital map showing the boundaries of the resulting
district or receiving district in a format prescribed by the Arkansas
Geographic Information Systems.
Source: Ark. Code Ann. §
6-13-1415
13.00
VOLUNTARY CONSOLIDATION OR ANNEXATION - EFFECTIVE DATE - INTERIM BOARD
OF DIRECTORS
13.01 Ark. Code Ann.
§
6-13-1416
and Section 13.00 of these rules apply to any petition for consolidation or
annexation of a school district submitted to the State Board by a school
district.
13.02 The effective date
of a petition for consolidation or annexation of a school district shall be the
July 1 after the State Board approves the consolidation or annexation petition
unless the State Board approves an alternative effective date or determines
otherwise.
13.03 Each board of
directors of an affected district and receiving district shall enter into a
written agreement approved by the quorum of the members of each board of
directors present and executed by the president and secretary of each school
board of directors.
13.03.1 The written
agreement may prescribe the effective date of the annexation of the affected
district to the receiving district or the effective date of the formation of
the resulting district from consolidation of affected districts, subject to
approval by the state board.
13.03.2 The written agreement may prescribe
the number of members of the permanent board of directors of the resulting
district or receiving district and the manner of formation of the permanent
board of directors of the resulting district or receiving district under Ark.
Code Ann. §
6-13-1417
or as allowed by law.
13.03.2.1 If the
written agreement prescribes the formation of a new permanent board of
directors, the written agreement shall specify whether the new permanent board
of directors will be elected at the first or second school election after the
effective date of consolidation or annexation.
13.03.2.2 The election of a new permanent
board of directors may take place during the second school election after the
effective date of consolidation or annexation only if additional time is
necessary to implement single-member zoned elections.
13.04 The written agreement may
prescribe for the formation of an interim board of directors, including the
number of members, the length of member terms, and the manner of formation as
follows:
13.04.1 Establish an interim board
of directors to govern the resulting district or receiving district that
consists of either five (5) or seven (7) members selected from the boards of
directors from the affected districts and receiving districts based on the
proportion of the student population of each of the affected districts and
receiving districts before consolidation or annexation;
13.04.2 Designate the existing board of
directors of one (1) affected district in a consolidation or the existing board
of directors of the receiving district in an annexation as the interim board of
directors; or
13.04.3 Determine
that an interim board of directors is not necessary and may designate the
existing board of directors of one (1) affected district in a consolidation or
the existing board of directors of the receiving district in an annexation to
remain as the permanent school board of directors.
13.05 If the written agreement prescribes the
formation of an interim board of directors, the interim board of directors
shall serve until the first school election after the effective date of
consolidation or annexation unless:
13.05.1
Any members of the permanent board of directors of the resulting district or
receiving district are elected from single-member zones, then the interim board
of directors may serve until the second school election after the effective
date of consolidation or annexation under Ark. Code Ann. §
6-13-1416(c)(3)(B)
and Sections 13.03.2.1 and 13.03.2.2 of these rules; or
13.05.2 All the members of the permanent
board of directors of the resulting district or receiving district are elected
at-large, then the written agreement may stagger the terms of the interim board
of directors, which shall be determined by lot so that no more than two (2)
members' terms expire during any one (1) year.
13.06 If the written agreement prescribes
formation of an interim board of directors, the board of directors of the
affected district before the consolidation or the affected district and
receiving district before annexation may determine independently how to select
members of the existing board of directors to serve on the interim board of
directors by:
13.06.1 The voluntary
resignation of one (1) or more members of the existing board of
directors;
13.06.2 Selecting one
(1) or more members of the existing board of directors by a majority vote of
the school board; or
13.06.3
Selecting one (1) or more members of the existing board of directors by a
random lot drawing.
13.07 If the written agreement in an
administrative consolidation or an administrative annexation under Ark. Code
Ann. §
6-13-1603
requires the formation of an interim board of directors, the interim board of
directors shall be established by May 31 preceding the effective date of the
administrative consolidation or administrative annexation.
13.08 An executed copy of the written
agreement shall be attached to the petition for consolidation or annexation
submitted to the State Board.
13.08.1 If the
written agreement is approved by the State Board, the terms of the written
agreement shall be binding upon the affected districts, receiving districts,
and resulting districts, including the interim and permanent school boards of
directors.
13.08.2 A written
agreement under Ark. Code Ann. §
6-13-1416
and Section 13.00 of these rules shall not be effective without approval from
the State Board.
13.09 A
consolidation or annexation petition approved by the State Board along with an
executed copy of the written agreement shall be filed with the:
13.09.1 County clerk of each county that
contains school district territory of each affected district, receiving
district, or resulting district;
13.09.2 Secretary of State; and
13.09.3 Arkansas Geographic Information
Systems.
13.10 An
approved consolidation or annexation petition shall include a map of the
boundaries of the resulting district or receiving district.
13.11 An approved consolidation or annexation
petition filed with the Secretary of State and the Arkansas Geographic
Information Systems shall include a digital map showing the boundaries of the
resulting district or receiving district in a format prescribed by the Arkansas
Geographic Information Systems.
Source: Ark. Code Ann. §
6-13-1416
14.00
FORMATION OF A PERMANENT BOARD OF DIRECTORS
14.01 A permanent board of directors shall
have either five (5) or seven (7) members unless the school district is allowed
to have nine (9) members under Ark. Code Ann. §
6-13-604.
14.02 The length of the terms of the board of
directors may be for the time period prescribed by law and:
14.02.1 Prescribed in the written agreement
under Ark. Code Ann. §
6-13-1416
and Section 13.00 of these rules; or
14.02.2 Determined by the permanent board of
directors.
14.03 At the
first meeting of the permanent board of directors, the members shall determine
the terms of the board of directors by lot so that not more than two (2)
members' terms expire during any one (1) year.
14.04 A vacancy on the board of directors
shall be filled as prescribed by law.
14.05 If single-member election zones are not
necessary to comply with the Voting Rights Act of 1965 or with any other
federal or state law, any or all of the members of the permanent board of
directors may be elected at large.
14.06 A minimum of five (5) members of a
permanent board of directors shall be elected from single-member election zones
if one (1) or more of the following applies:
14.06.1 Single-member election zones are
required to comply with the Voting Rights Act of 1965 or other federal
law;
14.06.2 The resulting district
or receiving district after consolidation or annexation is required to be zoned
under Ark. Code Ann. §
6-13-631
or other state law; or
14.06.3 The
boards of directors of the affected districts before consolidation or the
boards of directors of the affected districts and receiving districts before
annexation agree that the permanent board of directors shall be elected from
single-member election zones.
14.07 If single-member election zones are
necessary to comply with the Voting Rights Act of 1965, other federal law, or
state law, the resulting district or receiving district shall:
14.07.1 Review the demographic makeup and
boundaries of the zones based on the latest decennial census data of the
resulting district or receiving district after consolidation or annexation and
rezone the resulting district or receiving district as necessary to comply with
the Voting Rights Act of 1965, other federal law, or state law;
14.07.2 Complete the election rezoning no
later than one hundred twenty (120) calendar days before the second school
election following the effective date of the consolidation or annexation;
and
14.07.3 No later than one
hundred twenty (120) calendar days before the second school election following
the effective date of the consolidation or annexation, file a digital map, in a
format prescribed by the Arkansas Geographic Information Systems, detailing the
election zone boundaries of the resulting district or receiving district with
the:
14.07.3.1 Secretary of State;
14.07.3.2 Arkansas Geographic Information
Systems; and
14.07.3.3 County clerk
of each county that contains school district territory of each affected
district, receiving district, or resulting district.
Source: Ark. Code Ann. §
6-13-1417
ADMINISTRATIVE CONSOLIDATION AND ANNEXATION OF SCHOOL
DISTRICTS
15.00
ADMINISTRATIVE CONSOLIDATION LIST
15.01
By January 1 of each year, the Department of Education shall publish a:
15.01.1 List of all school districts with
fewer than three hundred fifty (3 5 0) students according to the school
district average daily membership in the school year immediately preceding the
current school year; and
15.01.2
Consolidation list that includes all school districts with fewer than three
hundred fifty (350) students according to the school district average daily
membership in each of the two (2) school years immediately preceding the
current school year.
Source: Ark. Code Ann. §
6-13-1602
16.00
ADMINISTRATIVE
REORGANIZATION
16.01 Any school
district included in the Department of Education's consolidation list under
Ark. Code Ann. §
6-13-1602
may voluntarily agree to administratively consolidate with or be annexed to
another school district or districts in accordance with the requirements and
limitations of Ark. Code Ann. §
6-13-1603
and Section 16.00 of these rules.
16.02 Any school district on the
consolidation list choosing to voluntarily administratively consolidate or
annex shall submit a petition for approval to the State Board by March 1
immediately following publication of the list and shall set forth the terms of
the administrative consolidation or annexation agreement in the petition. If
the petition is approved by the State Board, the administrative consolidation
or annexation shall be completed by May 1, to be effective July 1 immediately
following the publication of the list required under Ark. Code Ann. §
6-13-1602
and Section 15.00 of these rules.
16.03 Any school district on the
consolidation list that does not submit a petition under Ark. Code Ann. §
6-13-1603(a)(2)(A)
or Section 16.02 of these rules, or that does not receive approval by the State
Board for a voluntary consolidation or annexation petition, shall be
administratively consolidated by the State Board with or into one (1) or more
school districts by May 1, to be effective July 1 immediately following the
publication of the list required under Ark. Code Ann. §
6-13-1602
and Section 15.00 of these rules unless the school district has been granted a
waiver under §
6-13-1613
and Section 29.00 of these rules.
16.04 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 Ark. Code Ann. §
6-13-1602
and Section 15.00 of these rules.
16.05 The State Board shall not deny the
petition for voluntary administrative consolidation or annexation of any two
(2) or more school districts unless:
16.05.1
The provisions contained in the articles of administrative consolidation or
annexation would violate state or federal law; or
16.05.2 The voluntary consolidation or
annexation would not contribute to the betterment of the education of students
in the school district.
16.06 Any school district required to be
administratively consolidated under Title 6, Chapter 13, Subchapter 16 and
Section 16.00 of these rules shall be administratively consolidated in such a
manner as to create a resulting district with an average daily membership
meeting or exceeding three hundred fifty (350).
16.07 All administrative consolidations or
annexations under Ark. Code Ann. §
6-13-1603
and Section 16.00 of these rules 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.
16.08 In the administratively consolidated or
annexed school districts created under Title 6, Chapter 13, Subchapter 16 and
Section 16.00 of these rules, the ad valorem tax rate shall be determined as
set forth under Ark. Code Ann. §
6-13-1409
and Section 9.00 of these rules.
16.09 Nothing in Ark. Code Ann. §
6-13-1603
or Section 16.00 of these rules shall be construed to require the closing of
any school or school facility.
16.10 No administratively consolidated or
annexed resulting or receiving school district shall have more than one (1)
superintendent.
16.11 Any school
district not designated as being in academic or fiscal distress for the current
school year and previous two (2) school years that administratively receives by
consolidation or annexation a school district designated by the State Board as
being in academic or fiscal distress at the time of consolidation or annexation
shall not be subject to academic or fiscal distress sanctions for a period of
three (3) years from the effective date of consolidation unless:
16.11.1 The school district fails to meet
minimum teacher salary requirements; or
16.11.2 The school district fails to comply
with the Standards for Accreditation of Arkansas Public Schools and School
Districts issued by the Department of Education.
16.12 Noncontiguous school districts may
voluntarily consolidate if the facilities and physical plant of each school
district:
16.12.1 Are within the same county,
and the State Board approves the administrative consolidation; or
16.12.2 Are not within the same county, and
the State Board approves the administrative consolidation or administrative
annexation and finds that:
16.12.2.1 The
administrative consolidation or administrative annexation will result in the
overall improvement in the educational benefit to students in all of the school
districts involved; or
16.12.2.2
The administrative consolidation or administrative annexation will provide a
significant advantage in transportation costs or service to all of the school
districts involved.
16.13 Contiguous school districts may
administratively consolidate even if they are not in the same county.
16.14 The provisions of Ark. Code Ann.
§§
6-13-1415
through
6-13-1417,
and Sections 12.00 through 14.00 of these rules, shall govern the board of
directors of each resulting district or receiving district created under this
Title 6, Chapter 13, Subchapter 16 and Section 16.00 of these rules.
Source: Ark. Code Ann. §
6-13-1603
17.00
DEVELOPMENT OF PLAN TO TRACK STUDENT PROGRESS
17.01 Following the administrative
consolidation or administrative annexation under Ark. Code Ann. §§
6-13-1601 -
6-13-1603,
6-13-1604 [repealed],
and
6-13-1605 [repealed]
effective before December 1, 2004, and before any consolidation, annexation,
detachment, approval of a conversion charter, or any other type of
reclassification or reorganization of a school district after December 1, 2004,
each receiving district or resulting district and the Department of Education
shall develop a plan to track the educational progress of all students from the
affected district and the following subgroups of those students:
17.01.1 Students who have been placed at risk
of academic failure as required under Ark. Code Ann. §
6-15-1602;
17.01.2 Economically disadvantaged
students;
17.01.3 Students from
major racial and ethnic groups; and
17.01.4 Specific population groups as
identified by the State Board, the Department of Education, the affected
district, or the receiving district as target groups for closing the
achievement gaps.
17.02
The receiving or resulting district shall obtain and retain all student records
from the affected district for the five (5) years immediately preceding the
administrative consolidation or administrative annexation, specifically
including, but not limited to:
17.02.1
Individual student records;
17.02.2
Attendance records;
17.02.3
Enrollment records;
17.02.4
Assessment records for assessments required under the Arkansas Comprehensive
Testing, Assessment, and Accountability Program Act, Ark. Code Ann. §
6-15-401 et seq.,
specifically including benchmark assessments and end-of-course assessments;
and
17.02.5 American College Test
(ACT) and Standardized Aptitude Test (SAT) results and records.
17.03 The school district shall
report to the Department of Education information determined by the Department
of Education as necessary to track the educational progress of all students
from the affected district as a subgroup and the following subgroups of those
transferred students:
17.03.1 Students who
have been placed at risk of academic failure as required under Ark. Code Ann.
§
6-15-1602;
17.03.2 Economically disadvantaged students;
and
17.03.3 Students from major
racial and ethnic groups.
17.04 By November 1 of each year, the
Department of Education shall file a written report with the Governor, the
chair of the House Interim Committee on Education, the chair of the Senate
Interim Committee on Education, and the secretary of the Legislative Council
assessing the educational progress of all students from the affected district
as a subgroup and the following subgroups of those transferred students:
17.04.1 Students who have been placed at risk
of academic failure as required under Ark. Code Ann. §
6-15-1602;
17.04.2 Economically disadvantaged students;
and
17.04.3 Students from major
racial and ethnic groups.
Source: Ark. Code Ann. §
6-13-1606
18.00
RETENTION OF HISTORICAL RECORDS
AND DOCUMENTS
18.01 Following the
annexations or consolidations under Ark. Code Ann. §
6-13-1601 et seq.
effective prior to December 1, 2004, and prior to any consolidation,
annexation, detachment, approval of a conversion charter, or any other type of
reclassification or reorganization of a school district after December 31,
2004, a receiving or resulting school district shall obtain and retain all
student and historical records and documents from the affected school district,
specifically including, but not limited to:
18.01.1 Student transcripts;
18.01.2 Graduation records;
18.01.3 Minutes and other legal documents of
the local board of directors;
18.01.4 Maps or boundary documents;
18.01.5 Sports records, trophies, and
awards;
18.01.6 Employee records;
and
18.01.7 Financial records.
Source: Ark. Code Ann. §
6-13-1607
19.00
AUDIT REQUIRED
19.01 The Arkansas Legislative Audit shall
conduct a comprehensive financial review of all the school district's financial
matters for any school that is involved in administrative consolidation or
administrative annexation or is otherwise reorganized by the State
Board.
19.02 The comprehensive
financial review shall begin no less than ten (10) days after the earliest of:
19.02.1 The publication of the district's
name on the consolidation and annexation list under Ark. Code Ann. §
6-13-1602;
19.02.2 The filing of a petition for
voluntary administrative consolidation or administrative annexation;
or
19.02.3 The adoption of a motion
by the State Board to consolidate, annex, or otherwise reorganize a school
district designated as being in academic or fiscal distress.
19.03 Beginning on the date of
publication of the consolidation list under Ark. Code Ann. §
6-13-1602
and Section 16.00 of these rules each year, the Department of Education shall
have authority to oversee all fiscal and accounting-related matters of all
school districts on the consolidation list and shall require those school
districts to have accurate records necessary to close all books within sixty
(60) days after the end of the fiscal year.
19.03.1 No contract or other debt obligation
incurred by a school district for which the department has oversight authority
under Ark. Code Ann. §
6-13-1608 and
Section 19.00 of these rules shall be valid or enforceable against a resulting
school district unless the contract or other debt obligation is preapproved in
writing by the Commissioner of Education or his or her designee.
19.04 Any school that is involved
in an administrative consolidation or administrative annexation shall have an
audit started within thirty (30) days of the completion of the closing of the
books by the school district.
19.05
The Department of Education and the Arkansas Legislative Audit shall jointly
develop the scope and details of the comprehensive fiscal review consistent
with the requirements of Ark. Code Ann. §
6-13-1608 and
Section 19.00 of these rules.
19.06
A school district may not incur debt without the prior written approval of the
Department of Education if the school district is identified by the Department
of Education under Ark. Code Ann. §
6-13-1602(1)
and Section 15.01.1 of these rules as having fewer than three hundred fifty
(350) students according to the school district average daily membership in the
school year immediately preceding the current school year.
Source: Ark. Code Ann. §
6-13-1608
20.00
PRESERVATION OF HISTORICAL SCHOOL ARTIFACTS
20.01 Following the administrative
consolidations or administrative annexations under Ark. Code Ann. §§
6-13-1601 -
6-13-1603,
6-13-1604 [repealed],
and
6-13-1605 [repealed]
effective before December 1, 2004, and before any consolidation, annexation,
detachment, approval of a conversion charter, or any other type of
reclassification or reorganization of a school district after December 31,
2004, a receiving district or resulting district shall obtain, retain,
preserve, and, as appropriate, display historical artifacts of the affected
district in the same manner as if the historical artifacts were those of the
receiving district or resulting district.
Source: Ark. Code Ann. §
6-13-1609
21.00
FINANCIAL RELIEF FOR DEBTS ACQUIRED AS A RESULT OF INVOLUNTARY
CONSOLIDATIONS
21.01 As used in
Section 21.00 of these rules:
21.01.1
"Accounts payable" means a debt owed by a school district on June 30
immediately prior to administrative consolidation, excluding bonded
indebtedness or other long-term debt;
21.01.2 "Act 60 school district" means a
school district that was on the consolidation list under Ark. Code Ann. §
6-13-1602
and Section 15.00 of these rules and was involuntarily consolidated under Ark.
Code Ann. §
6-13-1603(a)(3)
and Section 16.03 of these rules;
21.01.3 "Available funding" means funds that
are available to a school district for paying accounts payable or are
reasonably expected to be collected and available for payment of accounts
payable;
21.01.4 "Excess accounts
payable" means accounts payable of an Act 60 school district that exceed
available funding; and
21.01.5
"Improper expenditure exceptions" means an erroneous expenditure of federal or
state funds that is noted as an audit exception and has been determined by the
Department of Education to require an expenditure of funds by the resulting
school district to be correct.
21.02 If on July 1, 2004, or thereafter, the
State Board required an involuntary administrative consolidation under Ark.
Code Ann. §
6-13-1603(a)(3)
and Section 16.03 of these rules and the resulting district assumed excess
accounts payable or improper expenditure exceptions incurred by the Act 60
school district before the July 1 administrative consolidation date that would
have caused deficit spending if paid from the funds of the Act 60 district, the
Department of Education shall provide supplemental funding to the resulting
district.
21.03 The amount of the
supplemental funding provided under Ark. Code Ann. §
6-13-1610(b)
and Section 21.02 of these rules shall be equal to the amount of the excess
accounts payable and improper expenditure exceptions assumed by the resulting
school district.
21.03.1 The amount of
accounts payable, excess accounts payable, improper expenditure exceptions, and
available funding shall be determined by the Department of Education based on
information provided in a final audit and other verifiable fiscal information
available to the Department of Education.
21.03.2 The audit of an Act 60 school
district required under Ark. Code Ann. §
6-13-1610
and Section 21.00 of these rules shall be completed within the time under Ark.
Code Ann. §
6-20-1801(d)
for school districts in fiscal distress.
21.03.3 No supplemental funding shall be paid
under this section until after completion of a final audit by the Arkansas
Legislative Audit or a private certified public accountant that may conduct
school district audits under Ark. Code Ann. §
6-20-1801.
21.04 Beginning on the date of the
publication of the consolidation list under Ark. Code Ann. §
6-13-1602
and Section 15.00 of these rules each year, the Department of Education shall
have authority to oversee all fiscal and accounting-related matters of all
school districts on the consolidation list and shall require these school
districts to have accurate records necessary to close all books within sixty
(60) days of the end of the fiscal year.
21.04.1 No contract or other debt obligation
incurred by a school district for which the Department of Education has
oversight authority under Ark. Code Ann. §
6-13-1610
and Section 21.00 of these rules shall be valid or enforceable against a
resulting district unless the contract or other debt obligation is preapproved
in writing by the Commissioner of Education or his or her designee.
Source: Ark. Code Ann. §
6-13-1610
22.00
ANNUAL REPORTS
22.01 By October 1 of each year, the
resulting district or receiving district of any school district that was
administratively consolidated or administratively annexed under Ark. Code Ann.
§§
6-13-1601 -
6-13-1603,
6-13-1604 [repealed],
and
6-13-1605 [repealed]
shall file a written report with the House Interim Committee on Education, the
Senate Interim Committee on Education, and the Department of Education
indicating:
22.01.1 What efforts were made
and the results of those efforts for inclusion of parents from the affected
district in the receiving district's or the resulting district's activities,
including without limitation:
22.01.1.1
Parent-teacher associations;
22.01.1.2 Booster clubs; and
22.01.1.3 Parent involvement
committees;
22.01.2 The
number and percentage of students from the affected districts participating in
an extracurricular activity, itemized by each extracurricular activity offered
by the school district and, for each activity, which school district the
student attended before reorganization; and
22.01.3 The employment status of each
administrator by name, gender, and race before the administrative annexation or
administrative consolidation, which school employed the administrator before
administrative consolidation, and his or her employment status in the receiving
district or the resulting district.
22.02 The Department of Education shall
develop or approve a survey to be used by the resulting or receiving districts
to capture perceptual data from parents and students regarding their opinions
on:
22.02.1 Opportunities for inclusion or
participation in the resulting or receiving district; and
22.02.2 The efforts, if any, that were made
to include parents from the affected district in the receiving or resulting
district's activities, including, but not limited to, parent-teacher
associations, booster clubs, and parent involvement committees.
Source: Ark. Code Ann. §
6-13-1611
23.00
ACADEMIC SUPPORT CENTERS
23.01 The purpose of Ark. Code Ann. §
6-13-1612
and Section 23.00 of these rules is to:
23.01.1 Prevent students who attend
administratively consolidated or administratively annexed schools from
returning home to communities with little or no opportunities for supplemental
academic support;
23.01.2 Increase
opportunities for access to library materials, academic resource materials, and
educational technology for these students within their local communities;
and
23.01.3 Help advance academic
performance for these students by providing opportunities for homework and
tutorial assistance based on the Arkansas curriculum frameworks.
23.02 An academic support center
may be established in communities whose schools have been closed by
administrative consolidation or administrative annexation under Title 6,
Chapter 13, Subchapter 16 of the Arkansas Code to fulfill the objectives
identified in Ark. Code Ann. §
6-13-1612(a)
and Section 23.00 of these rules.
23.03 The Department of Education shall
report annually to the House Interim Committee on Education and the Senate
Interim Committee on Education regarding the establishment of academic support
centers and their effectiveness.
Source: Ark. Code Ann. §
6-13-1612
CONSOLIDATION AND ANNEXATION INCENTIVE
FUNDING
24.00
DEFINITIONS APPLICABLE TO CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
For the purposes of Sections 24.00 through 26.00 of these
rules, the following definitions apply:
24.01 "Annexation" includes both Annexation
and Administrative Annexation as defined in Section 3.00 of these
Rules.
24.02 "Consolidation"
includes both Consolidation and Administrative Consolidation as defined in
Section 3.00 of these Rules.
24.03
"Foundation Funding" means an amount of money specified by the General Assembly
for each school year to be expended by school districts for the provision of an
adequate education for each student.
24.04 "Per Student Foundation Funding Amount"
means a dollar amount established by the General Assembly to be multiplied by
the ADM of the previous school year for the district foundation
funding.
24.05 "Funding Factor"
means a factor established by the Arkansas Department of Education (Department)
to ensure that the calculated funding does not exceed the funds available for
consolidation/annexation incentive funding.
25.00
GUIDELINES FOR THE DISTRIBUTION
OF CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
25.01 The distribution of consolidation and
annexation incentive funding is dependent upon appropriation and funding by the
Arkansas General Assembly.
25.02
Consolidation/annexation incentive funding shall be determined as follows:
25.02.1 One hundred percent (100%) of the
incentive allowance computed as provided in these rules shall be in addition to
the school district's aid the first year of consolidation/annexation. The
second year of consolidation/annexation the district shall receive fifty
percent (50%) of the consolidation/annexation incentive funding received by the
district in the previous year in addition to other state aid. Beginning in the
third year and each year thereafter no consolidation/annexation incentive
funding shall be provided. The consolidation/annexation incentive is intended
to supplement the customary state aid the districts would have received had the
consolidation/annexation not occurred.
25.02.2 For those school districts not
required to be consolidated/annexed in the current school year, if two (2)
districts consolidate or one (1) district is annexed to another school
district, multiply the prior year ADM of the smaller district by the per
student foundation funding amount, then by the funding factor, where the
minimum ADM applicable is one hundred (100) and the maximum ADM applicable is
three hundred (300).
25.02.3 For
those school districts required to be consolidated/annexed in the current
school year, if two (2) districts consolidate or one (1) district is annexed to
another school district, multiply the prior year ADM of the smaller district by
the per student foundation funding amount, then by the funding factor, where
the minimum ADM applicable is one hundred (100) and the maximum ADM applicable
three hundred (300).
25.02.4 For
those school districts not required to be consolidated/annexed in the current
school year, if three (3) districts consolidate or two (2) districts are
annexed to a third school district, multiply the total prior year ADM of the
two (2) smaller districts by the per student foundation funding amount, then by
the funding factor, where the minimum ADM applicable is one hundred (100) and
the maximum ADM applicable is four hundred (400).
25.02.5 For those school districts required
to be consolidated/annexed in the current school year, if three (3) districts
consolidate or two (2) smaller districts are annexed to another school
district, multiply the prior year ADM of the smaller district by the per
student foundation funding amount, then by the funding factor, where the
minimum ADM applicable is one hundred (100) and the maximum ADM applicable
three hundred (300).
25.02.6 For
those school districts not required to be consolidated/annexed in the current
school year, if four (4) or more districts consolidate or three (3) or more
districts are annexed to another school district, multiply the total prior year
ADM of all except the largest district by the per student foundation funding
amount, then by the funding factor, where the minimum ADM applicable is one
hundred (100) and the maximum ADM applicable is five hundred (500).
25.02.7 For those school districts required
to be consolidated/annexed in the current school year, if four (4) or more
districts consolidate or three (3) or more districts are annexed to another
school district, multiply the prior year ADM of the smaller district by per
student the foundation funding amount, then by the funding factor, where the
minimum ADM applicable is one hundred (100) and the maximum ADM applicable is
three hundred (300).
25.02.8 If a
district is annexed by multiple school districts, the incentive funding shall
be computed as in Sections 25.02.1 through 25.02.7 above. The incentive funding
shall then be prorated among the receiving districts based upon the percentage
of the annexed district's ADM received by each receiving district.
26.00
GENERAL
REQUIREMENTS
26.01
Consolidation/annexation incentive funding shall be distributed to either the
resulting district(s) established after consolidation or the receiving
district(s) after annexation.
26.02
Any district that has received consolidation/annexation incentive funds and
subsequently dissolves shall be liable to the Department of Education for the
full or apportioned amount of incentive funding received if any of the
following conditions result due to the dissolution:
26.02.1 Districts are formed with
substantially the same boundaries as the former districts prior to
consolidation or annexation;
26.02.2 The ability of any district to
desegregate or remain desegregated is inhibited;
26.02.3 The ability of the State to ensure
that students are provided a quality education in an efficient manner is
inhibited.
26.03 Any
repayment due, as required in Section 26.02 above, shall be paid from the
assets of the district prior to dissolution of the district. The Department of
Education may withhold, from any state funding due the district, the amount of
repayment funds or a portion thereof.
26.04 In the event full repayment is not made
as required under Section 26.02 above, the Department of Education shall
withhold from those districts that are formed as a result of the dissolution,
future state funding in the amount of the repayment owed. The repayment shall
be apportioned among the districts on a per ADM basis unless the Department of
Education determines that such apportionment would be inequitable. In such
case, the State Board shall apportion the repayment among the districts upon an
equitable basis.
27.00
STATE BOARD HEARING PROCEDURES - VOLUNTARY CONSOLIDATIONS AND
ANNEXATIONS
27.01 All persons wishing
to testify before the State Board shall first be placed under oath by the
Chairperson of the State Board.
27.02 The spokesperson(s) for the petitioning
school districts shall have a total of twenty (20) minutes to present the
school districts' remarks. The State Board may allow more than twenty (20)
minutes if necessary.
27.03 The
spokesperson(s) for any individual or group of citizens that opposes the
petition shall have a total of twenty (20) minutes to present the remarks of
the individual or group of citizens. The State Board may allow more than twenty
(20) minutes if necessary.
27.04
The spokesperson(s) for the petitioning school districts shall have a total
often (10) minutes to present closing remarks to the State Board. The State
Board may allow more than ten (10) minutes if necessary.
27.05 The spokesperson(s) for any individual
or group of citizens that opposes the petition shall have a total often (10)
minutes to present closing remarks to the State Board. The State Board may
allow more than ten (10) minutes if necessary.
27.06 The State Board shall then discuss,
deliberate and vote upon the matter of approving or denying the school
districts' petition.
27.07 If it
deems necessary, the State Board may take the matter under advisement and
announce its decision at a later date, provided that all discussions,
deliberations and votes upon the matter take place in a public
hearing.
27.08 The State Board
shall issue a written order concerning the matter.
28.00
STATE BOARD HEARING PROCEDURES -
INVOLUNTARY CONSOLIDATIONS AND ANNEXATIONS
28.01 All persons wishing to testify before
the State Board shall first be placed under oath by the Chairperson of the
State Board.
28.02 The
spokesperson(s) for the Department of Education shall have a total of twenty
(20) minutes to present the Department of Education's remarks. The State Board
may allow more than twenty (20) minutes if necessary.
28.03 The spokesperson(s) for any individual
or group of citizens that opposes the annexation or consolidation shall have a
total of twenty (20) minutes to present the remarks of the individual or group
of citizens. The State Board may allow more than twenty (20) minutes if
necessary.
28.04 The
spokesperson(s) for the Department of Education shall have a total often (10)
minutes to present closing remarks to the State Board. The State Board may
allow more than ten (10) minutes if necessary.
28.05 The spokesperson(s) for any individual
or group of citizens that opposes the annexation or consolidation shall have a
total often (10) minutes to present closing remarks to the State Board. The
State Board may allow more than ten (10) minutes if necessary.
28.06 The State Board shall then discuss,
deliberate and vote upon the matter of approving or denying the school
districts' petition.
28.07 If it
deems necessary, the State Board may take the matter under advisement and
announce its decision at a later date, provided that all discussions,
deliberations and votes upon the matter take place in a public
hearing.
28.08 The State Board
shall issue a written order concerning the matter.
WAIVERS
29.00
MINIMUM SCHOOL DISTRICT SIZE
WAIVER
29.01 A school district that is
placed on the consolidation list published by the Department of Education under
§
6-13-1602(2)
may annually request a waiver from the average daily membership requirement of
three hundred fifty (350) students from the State Board of Education.
29.02 A school district shall submit a
petition for a waiver to the State Board no later than thirty (30) days after
the consolidation list is published. The petition for waiver shall include:
29.02.1 The average daily membership of the
school district in the current school year;
29.02.2 A statement that the school district
is not in probationary status for any violation of the Standards for
Accreditation of Arkansas Public Schools and School Districts;
29.02.3 A copy of the school district's
current year budget and any fiscal audit conducted within the previous two
years; and
29.02.4 A statement of
assurance that the school district is not currently classified in academic
distress, fiscal distress, or facilities distress.
29.03 The State Board shall render a decision
to either grant or reject a petition for waiver that is received by a school
district within forty-five (45) days of receipt.
29.04 The State Board shall grant a petition
for a waiver if it is demonstrated by the school district that:
29.04.1 The school district is not currently
classified in academic distress, fiscal distress, or facilities
distress;
29.04.2 The school
district is not in probationary status for a violation of the Standards for
Accreditation of Arkansas Public Schools and School Districts;
29.04.3 The academic facilities owned and
operated by the school district are adequate as evidenced by the school
district's facilities master plan; and
29.04.4 It is in the best interest of the
students in the school district to keep the school district open due to the
length of potential time spent on the bus by a student traveling to and from
school should the school district be administratively reorganized, as assured
by the school board of directors of the school district requesting the
waiver.
29.05 The State
Board may revoke a waiver that has been granted to a school district at anytime
if it is found that the conditions under §
6-13-1613(b)(2)(A)
and Section 29.04 of these rules change. A hearing shall be conducted using the
following procedures:
29.05.1 All persons
wishing to testify before the State Board shall first be placed under oath by
the Chairperson of the State Board.
29.05.2 The spokesperson(s) for the
Department of Education shall have a total of twenty (20) minutes to present
the Department of Education's remarks. The State Board may allow more than
twenty (20) minutes if necessary.
29.05.3 The spokesperson(s) for the district
shall have a total of twenty (20) minutes to present the district's remarks.
The State Board may allow more than twenty (20) minutes if necessary.
29.05.4 The spokesperson(s) for the
Department of Education shall have a total often (10) minutes to present
closing remarks to the State Board. The State Board may allow more than ten
(10) minutes if necessary.
29.05.5
The spokesperson(s) for the district shall have a total often (10) minutes to
present closing remarks to the State Board. The State Board may allow more than
ten (10) minutes if necessary.
29.05.6 The State Board shall then discuss,
deliberate and vote upon the matter of revoking the school districts'
waiver.
29.05.7 If it deems
necessary, the State Board may take the matter under advisement and announce
its decision at a later date, provided that all discussions, deliberations and
votes upon the matter take place in a public hearing.
29.05.8 The State Board shall issue a written
order concerning the matter.
29.06 A school district that is granted a
waiver shall remain listed on the consolidation list that is published annually
by the Department of Education.
Source: Ark. Code Ann. §
6-13-1613
ATTACHMENTS PERTAINING TO ANNEXATIONS AND CONSOLIDATIONS
OF SCHOOL DISTRICTS (NON-ADMINISTRATIVE)
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Exhibit A
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EXHIBIT D
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ATTACHMENTS PERTAINING TO ADMINISTRATIVE ANNEXATIONS AND
CONSOLIDATIONS OF SCHOOL DISTRICTS
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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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