005.17.24 Ark. Code R. 003 - Division of Arkansas Public School Academic Facilities and Transportation Rule Governing The Academic Facilities Distress Program
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AUTHORITY
The Commission for Arkansas Public School Academic Facilities and Transportation's authority for promulgating this rule is pursuant to Arkansas Code §§ 6-21-114, 6-21-804, 6-21-811, 6-21-812, 25-15-201 et seq.
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PURPOSE
The purpose of this rule is to establish how the Division of Public School Academic Facilities and Transportation and Commission for Arkansas Public School Academic Facilities and Transportation will evaluate, assess, identify, and address those school districts in academic facilities distress.
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DEFINITIONS
For the purposes of this rule
3.01 "Facilities distress status" means a
public school or school district classified by the Commission as being in
academic facilities distress pursuant to Arkansas Code §
6-21-811;
3.02 "Facilities
improvement plan" means an improvement plan developed by a school district for
a public school or school district as a result of having been classified as
being in academic facilities distress that supplements the district's
facilities master plan by:
3.02.1 Identifying
specific interventions and actions the public school or school district will
undertake in order to correct deficient areas of practice with regard to
custodial, maintenance, repair, and renovation activities in the school
district; and
3.02.2 Describing how
the school district will remedy those areas in which the school district is
experiencing facilities distress, including the designation of the time period
by which the school district will correct all deficiencies that placed the
school district in facilities distress status;
3.03 "Material failure" means an act so
significant as to jeopardize any academic facility used by a public school or
school district or any other condition of an academic facility or facilities in
a public school or school district that is determined by the Division to have a
detrimental impact on educational services provided by that public school or
school district;
3.04 "Nonmaterial
failure" means an act such that the failure to immediately intervene and
correct the act or remedy the cause of the act could develop into a material
failure;
3.05 "Reconstitution"
means the reorganization of the administrative unit or the governing school
board of a school district, including, but not limited to, the replacement or
removal of a current superintendent or the removal or replacement of a current
school board or both;
3.06 "School
district" means a geographic area with an elected board of directors that
qualifies as a taxing unit for purposes of ad valorem property taxes under
Title 26 of the Arkansas Code and which board conducts the daily affairs of
public schools under the supervisory authority vested in it by the General
Assembly and Title 6 of the Arkansas Code;
3.07 "School district systems" means the
operations and procedures that occur within a public school district, including
without limitation:
3.07.1
Academics;
3.07.2 Facilities and
Transportation;
3.07.3 Human
Capital;
3.07.4 District Operations
and Fiscal Governance;
3.07.5
Student Support Services; and
3.07.6 Stakeholder communication or family
and community engagement;
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PROCESS AND PROCEDURE FOR THE
CLASSIFICATION OF DISTRICTS IN ACADEMIC FACILITIES DISTRESS
4.01 The Commission for Arkansas Public
School Academic Facilities and Transportation shall classify a public school or
school district as being in academic facilities distress if the Division of
Public School Academic Facilities and Transportation recommends and the
commission concurs that the public school or school district has engaged in
actions or inactions that result in:
4.01.1
Any act or violation determined by the division to jeopardize any academic
facility used by a public school or school district, including, but not limited
to:
4.01.1.1 Material failure to properly
maintain academic facilities in accordance with state law and rules adopted by
the commission;
4.01.1.2 Material
violation of local, state, or federal fire, health, or safety code provisions
or laws;
4.01.1.3 Material
violation of applicable building code provisions or laws;
4.01.1.4 Material failure to provide timely
and accurate facilities master plans to the division;
4.01.1.5 Material failure to comply with
state law governing purchasing, bid requirements or school construction-related
laws or rules in relation to academic facilities projects;
4.01.1.6 Material default on any school
district debt obligation; or
4.01.1.7 Material failure to plan and
progress satisfactorily toward accomplishing the priorities established by the
division and the approved school district master plan; and
4.01.2 Any other condition of an academic
facility or facilities in a public school or school district that is determined
by the division to have a detrimental impact on educational services provided
by that public school or school district.
4.02 The division shall provide written
notice, via certified mail, return receipt requested, to the president of the
school board and the superintendent of the school district identified or
containing a school identified by the division as being in facilities
distress.
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SUBMISSION OF FACILITIES IMPROVEMENT PLAN
5.01 A public school or school district
classified by the Commission for Arkansas Public School Academic Facilities and
Transportation as being in facilities distress shall: develop a facilities
improvement plan within thirty (30) days from the date of classification and
promptly submit the plan to the Division of Public School Academic Facilities
and Transportation for review and approval.
5.01.1 A public school or school district
shall review and revise its facilities improvement plan on a periodic basis as
determined by the division and submit the updated facilities improvement plan
to the division in order for the division to determine whether the public
school or school district is correcting its deficient areas of practice
regarding academic facilities.
5.01.2 A school district shall use the
facilities improvement plan as necessary to supplement and update its
facilities master plan.
5.02 A public school or school district in
facilities distress may petition the commission for removal from facilities
distress status only after the Division has certified in writing to the
commission and school district that the public school or school district:
5.02.1 Has corrected all criteria that caused
the classification of facilities distress; and
5.02.2 Has complied with all division
recommendations and requirements for removal from facilities distress
status.
5.03 The
division shall submit a written evaluation of the status of each school and
school district classified in facilities distress to the commission and State
Board of Education at least once every six (6) months.
5.04 Every two (2) years, the division shall:
5.04.1 Determine whether the progress of each
school district complies with the school district's facilities master plan and
shall notify a school district of any noncompliance; and
5.04.2 Review the applications made for the
Academic Facilities Partnership Program to identify any school district that
did not apply for state funding for necessary facilities to meet adequacy
requirements and shall notify the school district of any
deficiencies.
5.05
Within thirty (30) days of receiving the notice provided under Section 5.04.1
or 5.04.2, the school district shall submit a facilities improvement plan to
the division for review and approval that states how the school district will
address the noncompliance issues contained in the notice.
5.06 If the division does not approve the
facilities improvement plan submitted by the school district, it shall identify
the school district as being in facilities distress.
5.07 A school district may appeal a division
facilities distress identification to the commission by filing an appeal in
accordance with the commission's Rules Governing Appeals from Determinations of
the Division of Public School Academic Facilities and Transportation.
5.08 If a school district is classified as
being in facilities distress and has immediate repairs, growth or suitability
improvement issues, the division, in addition to any other remedy under these
rules and Arkansas Code §§
6-21-811 and 6-21-812, may provide a loan
to the school district to be repaid from any funds available that are not
required to provide an adequate education.
5.08.1 Funds available that are not required
to provide an adequate education include:
5.08.1.1 Fund balances and any cash on hand
that are not part of foundation funding or categorical funding under Arkansas
Code §
6-20-2305 and are not otherwise required to provide an adequate
education for students in the public school district;
5.08.1.2 Revenues that are not obligated on
bonds; and
5.08.1.3 Funds remaining
after the annual payment on a bond obligation are included in funds that are
not required to provide an adequate education.
5.08.2 The public school district shall repay
the loan on the schedule determined by the division.
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FAILED
MILLAGES
6.01 Within ten (10) days of a
school district's failure to pass a millage required to fulfill its obligations
under its master plan, the Division of Public School Academic Facilities and
Transportation shall provide written notice to the school district of the date,
time, and place for a conference with the school district at which the division
will:
6.01.1 Determine whether as a result of
the failed millage there are facilities issues relating to immediate repairs,
the presence and number of suitability needs of public school academic
facilities, or an immediate need for academic facilities to meet student
growth; and
6.01.2 Thoroughly
discuss and explain the sanctions and requirements that are available to the
Commission of Arkansas Public School Academic Facilities and Transportation if
the school district or a school within the district is classified by the
commission as being in facilities distress under Arkansas Code §§
6-21-811 and 6-21-812.
6.02 The written notice required under
Section 6.01 shall be provided via certified mail to the president of the
school board and the superintendent of the school district.
6.03 If the commission determines that there
are immediate repairs, growth or suitability issues that require expedited
attention, the commission may direct the school district to conduct a special
election to vote on a millage increase.
6.03.1
The special election shall include only those issues that are mutually agreed
upon between the division and the school district.
6.03.2 The special election date shall be
mutually agreed to by the division and the school district and shall not be
later than seven (7) months after the date of the election at which the millage
failed unless it is necessary to extend the date beyond seven (7) months
because of restrictions on the number of elections that may be held within a
calendar year.
6.03.3 If within
ninety (90) days from the notice provided to the district pursuant to Section
6.01 the school district has not set an election date, the division shall
identify the school district as being in facilities distress.
6.03.4 A public school district able to
finance the immediate repairs, growth, and suitability improvements determined
to exist by the commission without the necessity of a special election on
increasing its millage may enter into an agreement with the division to fund
its improvements separately, which agreement shall include a timeframe for
completion.
6.03.5 The division
shall identify the school district as being in facilities distress for failure
to implement the agreed upon plan for immediate repairs, growth, and
suitability improvements within the timeframe specified in the
agreement.
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PRIOR APPROVAL OF DEBT
No school district identified by the Division of Public School Academic Facilities and Transportation or classified by the Commission of Arkansas Public School Academic Facilities and Transportation as being in facilities distress may incur any debt without the prior written approval of the commission.
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ACADEMIC FACILITIES DISTRESS CLASSIFICATION
When a school district is classified by the Commission of Arkansas Public School Academic Facilities and Transportation to be in facilities distress, the Division of Public School Academic Facilities and Transportation may, with the approval of the commission:
8.01 Provide on-site technical evaluation and
assistance and make recommendations to the district superintendent regarding
the care and maintenance of any academic facility in the district. Any school
district classified as being in facilities distress status shall accept on-site
technical evaluation and assistance from the division. The written
recommendations of the division are binding on the district, the
superintendent, and the school board;
8.02 Remove permanently, reassign, or suspend
on a temporary basis the superintendent of the school district, and
8.02.1 Appoint an individual in place of the
superintendent to administratively operate the school district under the
supervision and approval of the Commissioner of Elementary and Secondary
Education;
8.02.2. Compensate the
individual operating the school district from school district funds;
and
8.02.3 Authorize the individual
to remove, replace, reassign, or suspend public school district personnel in
accordance with state law;
8.03 Suspend or remove some or all of the
current board of directors and call for the election of a new school board for
the school district, in which case the school district shall reimburse the
county board of election commissioners for election costs as otherwise required
by law;
8.04 Remove on a temporary
basis some or all of the powers and duties granted to the current public school
district board of directors under Arkansas Code §
6-13-620 or any other
applicable law but allow the public school district board of directors to
continue to operate under the direction and approval of the commissioner.
8.04.1 The commission shall define the powers
and duties of the public school district board of directors under this
section.
8.04.2 The public school
district board of directors shall act in an advisory capacity to the
commissioner with respect to all other powers and duties maintained by the
commissioner;
8.05
Require the school district to operate without a local school board under the
supervision of the local superintendent or an individual or panel appointed by
the commissioner;
8.06 Waive the
application of Arkansas law or the corresponding State Board of Education or
commission rules with the exception of:
8.06.1
Special education programs as provided in Title 6 of the Arkansas
Code;
8.06.2 Conducting criminal
background checks for employees as provided in Title 6 of the Arkansas Code;
and
8.06.3 Health and safety codes
as established by the state board, the commission, and local governmental
entities;
8.07 In the
absence of a school district board of directors, direct the commissioner to
assume all authority of the board of directors as may be necessary for the
day-to-day governance of all school district systems;
8.08 Require reassignment of some or all of
the administrative, instructional, or support staff of a public
school;
8.09 Require
reorganization, closure, or dissolution of one (1) or more of the public
schools within the classified school district;
8.10 Return the administration of the school
district to the former board of directors, or place the administration of the
school district in a newly elected school board of directors (with the school
district to reimburse election costs) if:
8.10.1 The division certifies in writing to
the commission and to the school district that the school district has
corrected all issues that caused the classification of facilities distress and
the school district has not experienced any additional indicators of facilities
distress; and
8.10.2 The commission
determines the school district has corrected all issues that caused the
classification of facilities distress;
8.11 Require school district staff and
employees to attend training in areas of concern for the public school or
school district;
8.12 Require a
school district to cease all expenditures related to activities not described
as part of an adequate education in Arkansas Code §
6-20-2302 and place
money that would have been spent on the activities into academic facilities
escrow account to be released only upon approval by the division for use in
conjunction with a local academic facilities project. School districts shall
include a clause addressing this contingency in all contracts with personnel
who are involved with activities not described as part of an adequate
education;
8.13 Notify the public
school or school district in writing that the deficiencies regarding academic
facilities shall be corrected within a time period designated by the
division;
8.14 Petition the state
board at any time for the consolidation, annexation, or reconstitution of a
school district in facilities distress or take other appropriate action as
allowed by law in order to secure and protect the best interest of the
educational resources of the state or to provide for the best interests of
students in the district;
8.15
Correct the failure of the school district to complete its agreed plan or to
pass the millage in the special election as described in Section 6.00 by
contracting for and completing the necessary improvements under the agreed
plan;
8.16 If the academic
facilities in the public school district in facilities distress are inadequate
to provide an adequate education, recommend that the state board dissolve the
school district and transfer students to public schools in other public school
districts;
8.17 Take any other
action allowed by law that is deemed necessary to assist a public school or
school district in correcting the issues that caused the classification of
facilities distress, to secure and protect the best interest of the educational
sources of the state, or to provide for the best interest of students in the
school district.
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STATE BOARD/DIVISION/COMMISSION AUTHORITY
9.01 Upon consideration of a Division of
Public School Academic Facilities and Transportation petition under Section
8.14, the State Board of Education may approve the petition or take other
appropriate action as allowed by law.
9.02 The state board shall consolidate,
annex, or reconstitute any school district that fails to remove itself from the
classification of a school district in facilities distress within five (5)
consecutive school years of classification of facilities distress status.
9.02.1 The state board may grant additional
time for a public school or school district to remove itself from facilities
distress by issuing a written finding supported by a majority of the state
board explaining in detail that the public school or school district could not
remove itself from facilities distress during the relevant time period due to
impossibility caused by external forces beyond the control of the public school
or school district.
9.03
If the state board elects to dissolve the school district and transfer students
to public schools in other public school districts, the state board shall
assign the public school district's territory, property and debt.
9.04 Nothing in Arkansas Code §
6-21-811
prevents the division, the Commission of Arkansas Public School Academic
Facilities and Transportation, or the state board from taking any of the
actions listed in that section at any time to address a public school or public
school district in facilities distress.
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APPEAL PROCESS
10.01 A school district may appeal any
determination of the Division of Public School Academic Facilities and
Transportation to the Commission of Arkansas Public School Academic Facilities
and Transportation by filing an appeal in accordance with the commission's
Rules Governing Appeals from Determinations of the Division of Public School
Academic Facilities and Transportation.
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SCHOOL CHOICE AND ACADEMIC
FACILITIES DISTRESS
11.01 Any student
attending a public school district classified as being in facilities distress
shall automatically be eligible and entitled under the Arkansas Public School
Choice Act of 2015, Arkansas Code §
6-18-1901 et seq., to transfer to
another school district not in facilities distress during the time period that
a district is classified as being in facilities distress.
11.02 The student is not required to file a
petition to transfer by May 1 but shall meet all other requirements and
conditions of the Arkansas Public School Choice Act of 2015, Arkansas Code
§
6-18-1901 et seq.
11.03 The
resident district shall pay the cost of transporting the student from the
resident district to the nonresident district.
11.04 The nonresident district shall count
the student for average daily membership purposes.
12.00
INSPECTIONS
12.01 The Division of Public School Academic
Facilities and Transportation shall conduct random unannounced on-site
inspections of all academic facilities to ensure compliance with the school
district's facilities master plan and, if applicable, the school district's
facilities improvement plan, in order to preserve the integrity of and extend
the useful life of public school academic facilities and equipment across the
state.
12.02 The division shall
submit reports regarding its on-site inspections of academic facilities to the
Commission of Arkansas Public School Academic Facilities and Transportation
within thirty (30) days of completion of the on-site inspections.
12.03 Based on the division's on-site
inspection or notification by the division to the commission that the changes
or additions to a school district's facilities master plan or facilities
improvement plan required by the division have not been implemented within the
time period prescribed by the division, the commission shall restrict the use
of the necessary funds or otherwise allocate funds from moneys appropriated by
the General Assembly.
13.00
EARLY INDICATORS OF FACILITY
DISTRESS
13.01 By August 31 of each
year, the Division of Public School Academic Facilities and Transportation
shall notify the superintendent of a school district if the division is aware
the school district has experienced two (2) or more indicators of facilities
distress in one (1) school year that the division deems to be nonmaterial, but
that without intervention could place the district in facilities
distress.
13.02 By August 31 of
each year, the superintendent of a school district shall report to the division
if the superintendent is aware the school district has experienced two (2) or
more indicators of facilities distress in one (1) school year that the
superintendent deems to be nonmaterial, but that without intervention could
place the district in facilities distress.
13.03 The division and the superintendent
shall review all data related to the nonmaterial indicators of facilities
distress.
13.03.1 Within thirty (30) days of
the division's determination that the school district may be experiencing
facilities distress at a nonmaterial level, the division shall provide a notice
to the school district's superintendent and board of directors that:
13.03.1.1 Describes the nonmaterial
indicators of facilities distress that could have a detrimental impact on
educational services provided by the affected public school or the school
district if not addressed; and
13.03.1.2 Identifies the support available
from the division to address each nonmaterial indicator of facilities
distress.
13.03.2 The
board of directors shall place on the agenda for the next regular scheduled
meeting of the board of directors a discussion of the notice of nonmaterial
indicators of facilities distress.
13.04 If any condition of an academic
facility raises a significant health or safety issue, the superintendent of the
school district where the academic facility is located or the person
responsible for the management of the academic facility shall immediately
notify the division and the board of directors of the school district.
13.04.1 The board of directors shall place on
the agenda for the next regularly scheduled meeting of the board of directors a
discussion of the notice of the significant health or safety issue.
Notes
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