Ark. Code Ann. § 6-21-811 — AR Code / Title 6 / Chapter 21 / Subchapter 8 / Section 6-21-811
Academic Facilities Distress Program
Status: in_force

(a) 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 any of the following: (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: (A) Material failure to properly maintain academic facilities in accordance with this subchapter and rules adopted by the commission; (B) Material violation of local, state, or federal fire, health, or safety code provisions or laws; (C) Material violation of applicable building code provisions or law; (D) Material failure to provide timely and accurate facilities master plans to the division; (E) Material failure to comply with state law governing purchasing, bid requirements, or school-construction-related laws or rules in relation to academic facilities projects; (F) Material default on any school district debt obligation; or (G) Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district's facilities master plan; and (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. (b) The division shall provide written notice, via certified mail, return receipt requested, to the president of the board of directors and the superintendent of the school district identified or containing a school identified by the division as being in facilities distress. (c) (1) By August 31 of each year, the division 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. (2) 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. (3) (A) The division and the superintendent shall review all data related to the nonmaterial indicators of facilities distress. (B) (i) 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: (a) 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 (b) Identifies the support available from the division to address each nonmaterial indicator of facilities distress. (ii) 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 nonmaterial indicators of facilities distress. (4) (A) 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. (B) 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. (d) (1) A public school or school district classified by the commission as being in facilities distress shall develop a facilities improvement plan within thirty (30) days from the date of classification and promptly submit the facilities improvement plan to the division for review and approval. (2) 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. (3) A school district shall use facilities improvement plans as necessary to supplement and update its facilities master plan. (e) (1) Every two (2) years, the division shall determine whether the progress of each school district complies with the school district's facilities master plan and shall notify the school district of any noncompliance. (2) Every two (2) years, the division shall review the applications made for the Academic Facilities Partnership Program established under § 6-20-2507 , 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. (3) Within thirty (30) days of receiving the notice provided under subdivision (e)(1) or subdivision (e)(2) of this section, the school district shall submit a facilities improvement plan to the division for its review and approval that states how the school district will address the noncompliance issues contained in the notice. (4) 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) A school district may appeal the identification of the division under this subsection to the commission pursuant to the procedures established by the commission. (f) (1) (A) Within ten (10) days of a school district's failure to pass a millage required to fulfill its obligations under the school district's facilities master plan, the division 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: (i) Determine whether as a result of the failed millage there are facilities issues relating to: (a) Immediate repairs under § 6-20-2504(b)(4) [repealed]; (b) The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or (c) Immediate need for academic facilities to meet student growth; and (ii) Thoroughly discuss and explain the sanctions and requirements that are available to the commission if the school district or a school within the district is classified by the commission as being in facilities distress under this section and § 6-21-812 . (B) The written notice shall be provided via certified mail to the president of the school district board of directors and the superintendent of the school district. (C) The commission shall establish rules for the implementation of this subdivision (f)(1). (2) (A) 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. (B) (i) The division and the school district shall agree upon the issues to be submitted for a vote in the special election. (ii) The special election may not include any issues other than the issues that are mutually agreed upon. (C) The special election shall be held on a date that is: (i) Mutually agreed upon by the division and the school district; and (ii) Not later than seven (7) months from 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. (D) If within ninety (90) days from the notice provided to the school district under subdivision (f)(1)(A) of this section the school district has not set an election date, the division shall identify the school district as being in facilities distress. (E) (i) If the school district is able to finance the immediate repairs, growth, and suitability improvements without the necessity of a special election on increasing its millage, the school district may enter into an agreement with the division to fund its improvements separately, which shall include an implementation timeframe. (ii) 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. (g) When a school district is classified by the commission to be in facilities distress, the division may, with the approval of the commission: (1) (A) Provide on-site technical evaluation and assistance and make written recommendations to the school district superintendent regarding the care and maintenance of any academic facility in the school district. (B) Any school district classified as being in facilities distress status shall accept on-site technical evaluation and assistance from the division. (C) The written recommendations of the division are binding on the school district, the superintendent, and the board of directors; (2) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the school district, and: (A) 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; (B) Compensate the individual operating the school district from school district funding; and (C) Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law; (3) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors 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; (4) (A) Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 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 of Elementary and Secondary Education. (B) The commission shall define the powers and duties of the public school district board of directors under this section. (C) The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education with respect to all other powers and duties maintained by the Commissioner of Elementary and Secondary Education; (5) Require the school district to operate without a board of directors under the supervision of the superintendent or an individual or panel appointed by the Commissioner of Elementary and Secondary Education; (6) Waive the application of Arkansas law or the corresponding State Board of Education or commission rules, with the exception of: (A) Special education programs as provided in this title; (B) Conducting criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the state board, the commission, and local governmental entities; (7) In the absence of a school district board of directors, direct the Commissioner of Elementary and Secondary Education to assume all authority of the board of directors as may be necessary for the day-to-day governance of the school district; (8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school; (9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified school district; (10) (A) 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 board of directors if: (i) 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 (ii) The commission determines the school district has corrected all issues that caused the classification of facilities distress. (B) If the division calls for an election of a new school district board of directors, the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law; (11) Require school district staff and employees to attend training in areas of concern for the public school or school district; (12) (A) Require a school district to cease all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project. (B) 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; (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; (14) (A) 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 this subchapter in order to secure and protect the best interest of the educational resources of the state or to provide for the best interest of students in the school district. (B) The state board may approve the petition under subdivision (g)(14)(A) of this section or take other appropriate action as allowed by this subchapter. (C) Except as established in subdivision (g)(14)(D) of this section or subsection (n) of this section, 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. (D) 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; (15) Correct the failure of a school district to complete its agreed plan or to pass the millage in the special election under subdivision (f)(2) of this section by contracting for and completing the necessary improvements under the agreed plan; (16) (A) 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. (B) 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; and (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 resources of the state, or to provide for the best interest of students in the school district. (h) No school district identified by the division as being in facilities distress may incur any debt without the prior written approval of the commission. (i) 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 that the public school or school district has corrected all criteria for being classified as in facilities distress and has complied with all division recommendations and requirements for removal from facilities distress status. (j) The division shall submit a written evaluation on the status of each school district in facilities distress to the commission and the state board at least one (1) time every six (6) months. (k) (1) (A) If a school district is classified by the commission as being in facilities distress and has immediate repairs, growth, or suitability improvement issues, the division, in addition to any other remedy under this section 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. (B) (i) Funds available that are not required to provide an adequate education include: (a) Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and (b) Revenues that are not obligated on bonds. (ii) Funds remaining after the annual payment on a bond obligation are included in funds that are not required to provide an adequate education. (2) The public school district shall repay the loan on the schedule determined by the division. (l) The commission shall: (1) Reexamine the role and function of the State Facility Assessment of 2004; (2) Assess the progress made by the state in the mandates of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002); and (3) Make needed changes in the implementation of the academic facilities program by modifying the commission's rules. (m) (1) If, by the end of the fifth school year following the school district's classification of facilities distress status, the school district in facilities distress has not corrected all issues that caused the classification of facilities distress, the state board, upon petition from the commission or the division and after a public hearing, shall consolidate, annex, or reconstitute the school district under this section. (2) 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. (n) This section does not prevent the division, the commission, or the state board from taking any of the actions listed in this section at any time to address a public school or school district in facilities distress. Amended by Act 2023, No. 365,§ 12, eff. 7/1/2023. Amended by Act 2023, No. 237,§ 45, eff. 6/30/2023. Amended by Act 2019, No. 315,§ 306, eff. 7/24/2019. Amended by Act 2019, No. 933,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 933,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1732, eff. 7/1/2019. Amended by Act 2017, No. 935,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 935,§ 9, eff. 8/1/2017. Amended by Act 2013, No. 600,§ 23, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 22, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 21, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 20, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 19, eff. 4/4/2013. Amended by Act 2013, No. 600,§ 18, eff. 4/4/2013. Acts 2005, No. 1426, § 1; 2007, No. 989, § 18; 2007, No. 996, § 2; 2009, No. 798, § 2; 2009, No. 1473, § 23.

(a) 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 any of the following: (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: (A) Material failure to properly maintain academic facilities in accordance with this subchapter and rules adopted by the commission; (B) Material violation of local, state, or federal fire, health, or safety code provisions or laws; (C) Material violation of applicable building code provisions or law; (D) Material failure to provide timely and accurate facilities master plans to the division; (E) Material failure to comply with state law governing purchasing, bid requirements, or school-construction-related laws or rules in relation to academic facilities projects; (F) Material default on any school district debt obligation; or (G) Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district's facilities master plan; and (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.

(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: (A) Material failure to properly maintain academic facilities in accordance with this subchapter and rules adopted by the commission; (B) Material violation of local, state, or federal fire, health, or safety code provisions or laws; (C) Material violation of applicable building code provisions or law; (D) Material failure to provide timely and accurate facilities master plans to the division; (E) Material failure to comply with state law governing purchasing, bid requirements, or school-construction-related laws or rules in relation to academic facilities projects; (F) Material default on any school district debt obligation; or (G) Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district's facilities master plan; and

(A) Material failure to properly maintain academic facilities in accordance with this subchapter and rules adopted by the commission;

(B) Material violation of local, state, or federal fire, health, or safety code provisions or laws;

(C) Material violation of applicable building code provisions or law;

(D) Material failure to provide timely and accurate facilities master plans to the division;

(E) Material failure to comply with state law governing purchasing, bid requirements, or school-construction-related laws or rules in relation to academic facilities projects;

(F) Material default on any school district debt obligation; or

(G) Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district's facilities master plan; and

(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.

(b) The division shall provide written notice, via certified mail, return receipt requested, to the president of the board of directors and the superintendent of the school district identified or containing a school identified by the division as being in facilities distress.

(c) (1) By August 31 of each year, the division 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. (2) 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. (3) (A) The division and the superintendent shall review all data related to the nonmaterial indicators of facilities distress. (B) (i) 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: (a) 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 (b) Identifies the support available from the division to address each nonmaterial indicator of facilities distress. (ii) 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 nonmaterial indicators of facilities distress. (4) (A) 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. (B) 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.

(1) By August 31 of each year, the division 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.

(2) 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.

(3) (A) The division and the superintendent shall review all data related to the nonmaterial indicators of facilities distress. (B) (i) 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: (a) 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 (b) Identifies the support available from the division to address each nonmaterial indicator of facilities distress. (ii) 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 nonmaterial indicators of facilities distress.

(A) The division and the superintendent shall review all data related to the nonmaterial indicators of facilities distress.

(B) (i) 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: (a) 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 (b) Identifies the support available from the division to address each nonmaterial indicator of facilities distress. (ii) 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 nonmaterial indicators of facilities distress.

(i) 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: (a) 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 (b) Identifies the support available from the division to address each nonmaterial indicator of facilities distress.

(a) 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

(b) Identifies the support available from the division to address each nonmaterial indicator of facilities distress.

(ii) 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 nonmaterial indicators of facilities distress.

(4) (A) 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. (B) 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.

(A) 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.

(B) 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.

(d) (1) A public school or school district classified by the commission as being in facilities distress shall develop a facilities improvement plan within thirty (30) days from the date of classification and promptly submit the facilities improvement plan to the division for review and approval. (2) 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. (3) A school district shall use facilities improvement plans as necessary to supplement and update its facilities master plan.

(1) A public school or school district classified by the commission as being in facilities distress shall develop a facilities improvement plan within thirty (30) days from the date of classification and promptly submit the facilities improvement plan to the division for review and approval.

(2) 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.

(3) A school district shall use facilities improvement plans as necessary to supplement and update its facilities master plan.

(e) (1) Every two (2) years, the division shall determine whether the progress of each school district complies with the school district's facilities master plan and shall notify the school district of any noncompliance. (2) Every two (2) years, the division shall review the applications made for the Academic Facilities Partnership Program established under § 6-20-2507 , 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. (3) Within thirty (30) days of receiving the notice provided under subdivision (e)(1) or subdivision (e)(2) of this section, the school district shall submit a facilities improvement plan to the division for its review and approval that states how the school district will address the noncompliance issues contained in the notice. (4) 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) A school district may appeal the identification of the division under this subsection to the commission pursuant to the procedures established by the commission.

(1) Every two (2) years, the division shall determine whether the progress of each school district complies with the school district's facilities master plan and shall notify the school district of any noncompliance.

(2) Every two (2) years, the division shall review the applications made for the Academic Facilities Partnership Program established under § 6-20-2507 , 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.

(3) Within thirty (30) days of receiving the notice provided under subdivision (e)(1) or subdivision (e)(2) of this section, the school district shall submit a facilities improvement plan to the division for its review and approval that states how the school district will address the noncompliance issues contained in the notice.

(4) 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) A school district may appeal the identification of the division under this subsection to the commission pursuant to the procedures established by the commission.

(f) (1) (A) Within ten (10) days of a school district's failure to pass a millage required to fulfill its obligations under the school district's facilities master plan, the division 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: (i) Determine whether as a result of the failed millage there are facilities issues relating to: (a) Immediate repairs under § 6-20-2504(b)(4) [repealed]; (b) The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or (c) Immediate need for academic facilities to meet student growth; and (ii) Thoroughly discuss and explain the sanctions and requirements that are available to the commission if the school district or a school within the district is classified by the commission as being in facilities distress under this section and § 6-21-812 . (B) The written notice shall be provided via certified mail to the president of the school district board of directors and the superintendent of the school district. (C) The commission shall establish rules for the implementation of this subdivision (f)(1). (2) (A) 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. (B) (i) The division and the school district shall agree upon the issues to be submitted for a vote in the special election. (ii) The special election may not include any issues other than the issues that are mutually agreed upon. (C) The special election shall be held on a date that is: (i) Mutually agreed upon by the division and the school district; and (ii) Not later than seven (7) months from 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. (D) If within ninety (90) days from the notice provided to the school district under subdivision (f)(1)(A) of this section the school district has not set an election date, the division shall identify the school district as being in facilities distress. (E) (i) If the school district is able to finance the immediate repairs, growth, and suitability improvements without the necessity of a special election on increasing its millage, the school district may enter into an agreement with the division to fund its improvements separately, which shall include an implementation timeframe. (ii) 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.

(1) (A) Within ten (10) days of a school district's failure to pass a millage required to fulfill its obligations under the school district's facilities master plan, the division 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: (i) Determine whether as a result of the failed millage there are facilities issues relating to: (a) Immediate repairs under § 6-20-2504(b)(4) [repealed]; (b) The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or (c) Immediate need for academic facilities to meet student growth; and (ii) Thoroughly discuss and explain the sanctions and requirements that are available to the commission if the school district or a school within the district is classified by the commission as being in facilities distress under this section and § 6-21-812 . (B) The written notice shall be provided via certified mail to the president of the school district board of directors and the superintendent of the school district. (C) The commission shall establish rules for the implementation of this subdivision (f)(1).

(A) Within ten (10) days of a school district's failure to pass a millage required to fulfill its obligations under the school district's facilities master plan, the division 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: (i) Determine whether as a result of the failed millage there are facilities issues relating to: (a) Immediate repairs under § 6-20-2504(b)(4) [repealed]; (b) The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or (c) Immediate need for academic facilities to meet student growth; and (ii) Thoroughly discuss and explain the sanctions and requirements that are available to the commission if the school district or a school within the district is classified by the commission as being in facilities distress under this section and § 6-21-812 .

(i) Determine whether as a result of the failed millage there are facilities issues relating to: (a) Immediate repairs under § 6-20-2504(b)(4) [repealed]; (b) The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or (c) Immediate need for academic facilities to meet student growth; and

(a) Immediate repairs under § 6-20-2504(b)(4) [repealed];

(b) The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or

(c) Immediate need for academic facilities to meet student growth; and

(ii) Thoroughly discuss and explain the sanctions and requirements that are available to the commission if the school district or a school within the district is classified by the commission as being in facilities distress under this section and § 6-21-812 .

(B) The written notice shall be provided via certified mail to the president of the school district board of directors and the superintendent of the school district.

(C) The commission shall establish rules for the implementation of this subdivision (f)(1).

(2) (A) 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. (B) (i) The division and the school district shall agree upon the issues to be submitted for a vote in the special election. (ii) The special election may not include any issues other than the issues that are mutually agreed upon. (C) The special election shall be held on a date that is: (i) Mutually agreed upon by the division and the school district; and (ii) Not later than seven (7) months from 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. (D) If within ninety (90) days from the notice provided to the school district under subdivision (f)(1)(A) of this section the school district has not set an election date, the division shall identify the school district as being in facilities distress. (E) (i) If the school district is able to finance the immediate repairs, growth, and suitability improvements without the necessity of a special election on increasing its millage, the school district may enter into an agreement with the division to fund its improvements separately, which shall include an implementation timeframe. (ii) 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.

(A) 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.

(B) (i) The division and the school district shall agree upon the issues to be submitted for a vote in the special election. (ii) The special election may not include any issues other than the issues that are mutually agreed upon.

(i) The division and the school district shall agree upon the issues to be submitted for a vote in the special election.

(ii) The special election may not include any issues other than the issues that are mutually agreed upon.

(C) The special election shall be held on a date that is: (i) Mutually agreed upon by the division and the school district; and (ii) Not later than seven (7) months from 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.

(i) Mutually agreed upon by the division and the school district; and

(ii) Not later than seven (7) months from 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.

(D) If within ninety (90) days from the notice provided to the school district under subdivision (f)(1)(A) of this section the school district has not set an election date, the division shall identify the school district as being in facilities distress.

(E) (i) If the school district is able to finance the immediate repairs, growth, and suitability improvements without the necessity of a special election on increasing its millage, the school district may enter into an agreement with the division to fund its improvements separately, which shall include an implementation timeframe. (ii) 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.

(i) If the school district is able to finance the immediate repairs, growth, and suitability improvements without the necessity of a special election on increasing its millage, the school district may enter into an agreement with the division to fund its improvements separately, which shall include an implementation timeframe.

(ii) 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.

(g) When a school district is classified by the commission to be in facilities distress, the division may, with the approval of the commission: (1) (A) Provide on-site technical evaluation and assistance and make written recommendations to the school district superintendent regarding the care and maintenance of any academic facility in the school district. (B) Any school district classified as being in facilities distress status shall accept on-site technical evaluation and assistance from the division. (C) The written recommendations of the division are binding on the school district, the superintendent, and the board of directors; (2) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the school district, and: (A) 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; (B) Compensate the individual operating the school district from school district funding; and (C) Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law; (3) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors 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; (4) (A) Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 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 of Elementary and Secondary Education. (B) The commission shall define the powers and duties of the public school district board of directors under this section. (C) The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education with respect to all other powers and duties maintained by the Commissioner of Elementary and Secondary Education; (5) Require the school district to operate without a board of directors under the supervision of the superintendent or an individual or panel appointed by the Commissioner of Elementary and Secondary Education; (6) Waive the application of Arkansas law or the corresponding State Board of Education or commission rules, with the exception of: (A) Special education programs as provided in this title; (B) Conducting criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the state board, the commission, and local governmental entities; (7) In the absence of a school district board of directors, direct the Commissioner of Elementary and Secondary Education to assume all authority of the board of directors as may be necessary for the day-to-day governance of the school district; (8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school; (9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified school district; (10) (A) 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 board of directors if: (i) 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 (ii) The commission determines the school district has corrected all issues that caused the classification of facilities distress. (B) If the division calls for an election of a new school district board of directors, the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law; (11) Require school district staff and employees to attend training in areas of concern for the public school or school district; (12) (A) Require a school district to cease all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project. (B) 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; (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; (14) (A) 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 this subchapter in order to secure and protect the best interest of the educational resources of the state or to provide for the best interest of students in the school district. (B) The state board may approve the petition under subdivision (g)(14)(A) of this section or take other appropriate action as allowed by this subchapter. (C) Except as established in subdivision (g)(14)(D) of this section or subsection (n) of this section, 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. (D) 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; (15) Correct the failure of a school district to complete its agreed plan or to pass the millage in the special election under subdivision (f)(2) of this section by contracting for and completing the necessary improvements under the agreed plan; (16) (A) 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. (B) 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; and (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 resources of the state, or to provide for the best interest of students in the school district.

(1) (A) Provide on-site technical evaluation and assistance and make written recommendations to the school district superintendent regarding the care and maintenance of any academic facility in the school district. (B) Any school district classified as being in facilities distress status shall accept on-site technical evaluation and assistance from the division. (C) The written recommendations of the division are binding on the school district, the superintendent, and the board of directors;

(A) Provide on-site technical evaluation and assistance and make written recommendations to the school district superintendent regarding the care and maintenance of any academic facility in the school district.

(B) Any school district classified as being in facilities distress status shall accept on-site technical evaluation and assistance from the division.

(C) The written recommendations of the division are binding on the school district, the superintendent, and the board of directors;

(2) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the school district, and: (A) 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; (B) Compensate the individual operating the school district from school district funding; and (C) Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law;

(A) 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;

(B) Compensate the individual operating the school district from school district funding; and

(C) Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law;

(3) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors 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;

(4) (A) Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 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 of Elementary and Secondary Education. (B) The commission shall define the powers and duties of the public school district board of directors under this section. (C) The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education with respect to all other powers and duties maintained by the Commissioner of Elementary and Secondary Education;

(A) Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 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 of Elementary and Secondary Education.

(B) The commission shall define the powers and duties of the public school district board of directors under this section.

(C) The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education with respect to all other powers and duties maintained by the Commissioner of Elementary and Secondary Education;

(5) Require the school district to operate without a board of directors under the supervision of the superintendent or an individual or panel appointed by the Commissioner of Elementary and Secondary Education;

(6) Waive the application of Arkansas law or the corresponding State Board of Education or commission rules, with the exception of: (A) Special education programs as provided in this title; (B) Conducting criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the state board, the commission, and local governmental entities;

(A) Special education programs as provided in this title;

(B) Conducting criminal background checks for employees as provided in this title; and

(C) Health and safety codes as established by the state board, the commission, and local governmental entities;

(7) In the absence of a school district board of directors, direct the Commissioner of Elementary and Secondary Education to assume all authority of the board of directors as may be necessary for the day-to-day governance of the school district;

(8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school;

(9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified school district;

(10) (A) 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 board of directors if: (i) 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 (ii) The commission determines the school district has corrected all issues that caused the classification of facilities distress. (B) If the division calls for an election of a new school district board of directors, the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;

(A) 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 board of directors if: (i) 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 (ii) The commission determines the school district has corrected all issues that caused the classification of facilities distress.

(i) 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

(ii) The commission determines the school district has corrected all issues that caused the classification of facilities distress.

(B) If the division calls for an election of a new school district board of directors, the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;

(11) Require school district staff and employees to attend training in areas of concern for the public school or school district;

(12) (A) Require a school district to cease all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project. (B) 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;

(A) Require a school district to cease all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project.

(B) 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;

(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;

(14) (A) 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 this subchapter in order to secure and protect the best interest of the educational resources of the state or to provide for the best interest of students in the school district. (B) The state board may approve the petition under subdivision (g)(14)(A) of this section or take other appropriate action as allowed by this subchapter. (C) Except as established in subdivision (g)(14)(D) of this section or subsection (n) of this section, 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. (D) 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;

(A) 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 this subchapter in order to secure and protect the best interest of the educational resources of the state or to provide for the best interest of students in the school district.

(B) The state board may approve the petition under subdivision (g)(14)(A) of this section or take other appropriate action as allowed by this subchapter.

(C) Except as established in subdivision (g)(14)(D) of this section or subsection (n) of this section, 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.

(D) 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;

(15) Correct the failure of a school district to complete its agreed plan or to pass the millage in the special election under subdivision (f)(2) of this section by contracting for and completing the necessary improvements under the agreed plan;

(16) (A) 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. (B) 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; and

(A) 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.

(B) 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; and

(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 resources of the state, or to provide for the best interest of students in the school district.

(h) No school district identified by the division as being in facilities distress may incur any debt without the prior written approval of the commission.

(i) 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 that the public school or school district has corrected all criteria for being classified as in facilities distress and has complied with all division recommendations and requirements for removal from facilities distress status.

(j) The division shall submit a written evaluation on the status of each school district in facilities distress to the commission and the state board at least one (1) time every six (6) months.

(k) (1) (A) If a school district is classified by the commission as being in facilities distress and has immediate repairs, growth, or suitability improvement issues, the division, in addition to any other remedy under this section 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. (B) (i) Funds available that are not required to provide an adequate education include: (a) Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and (b) Revenues that are not obligated on bonds. (ii) Funds remaining after the annual payment on a bond obligation are included in funds that are not required to provide an adequate education. (2) The public school district shall repay the loan on the schedule determined by the division.

(1) (A) If a school district is classified by the commission as being in facilities distress and has immediate repairs, growth, or suitability improvement issues, the division, in addition to any other remedy under this section 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. (B) (i) Funds available that are not required to provide an adequate education include: (a) Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and (b) Revenues that are not obligated on bonds. (ii) Funds remaining after the annual payment on a bond obligation are included in funds that are not required to provide an adequate education.

(A) If a school district is classified by the commission as being in facilities distress and has immediate repairs, growth, or suitability improvement issues, the division, in addition to any other remedy under this section 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.

(B) (i) Funds available that are not required to provide an adequate education include: (a) Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and (b) Revenues that are not obligated on bonds. (ii) Funds remaining after the annual payment on a bond obligation are included in funds that are not required to provide an adequate education.

(i) Funds available that are not required to provide an adequate education include: (a) Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and (b) Revenues that are not obligated on bonds.

(a) Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and

(b) Revenues that are not obligated on bonds.

(ii) Funds remaining after the annual payment on a bond obligation are included in funds that are not required to provide an adequate education.

(2) The public school district shall repay the loan on the schedule determined by the division.

(l) The commission shall: (1) Reexamine the role and function of the State Facility Assessment of 2004; (2) Assess the progress made by the state in the mandates of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002); and (3) Make needed changes in the implementation of the academic facilities program by modifying the commission's rules.

(1) Reexamine the role and function of the State Facility Assessment of 2004;

(2) Assess the progress made by the state in the mandates of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002); and

(3) Make needed changes in the implementation of the academic facilities program by modifying the commission's rules.

(m) (1) If, by the end of the fifth school year following the school district's classification of facilities distress status, the school district in facilities distress has not corrected all issues that caused the classification of facilities distress, the state board, upon petition from the commission or the division and after a public hearing, shall consolidate, annex, or reconstitute the school district under this section. (2) 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.

(1) If, by the end of the fifth school year following the school district's classification of facilities distress status, the school district in facilities distress has not corrected all issues that caused the classification of facilities distress, the state board, upon petition from the commission or the division and after a public hearing, shall consolidate, annex, or reconstitute the school district under this section.

(2) 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.

(n) This section does not prevent the division, the commission, or the state board from taking any of the actions listed in this section at any time to address a public school or school district in facilities distress.

Amended by Act 2023, No. 365,§ 12, eff. 7/1/2023.

Amended by Act 2023, No. 237,§ 45, eff. 6/30/2023.

Amended by Act 2019, No. 315,§ 306, eff. 7/24/2019.

Amended by Act 2019, No. 933,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 933,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1732, eff. 7/1/2019.

Amended by Act 2017, No. 935,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 935,§ 9, eff. 8/1/2017.

Amended by Act 2013, No. 600,§ 23, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 22, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 21, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 20, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 19, eff. 4/4/2013.

Amended by Act 2013, No. 600,§ 18, eff. 4/4/2013.

Acts 2005, No. 1426, § 1; 2007, No. 989, § 18; 2007, No. 996, § 2; 2009, No. 798, § 2; 2009, No. 1473, § 23.
Ark. Code Ann. § 6-62-309 — AR Code / Title 6 / Chapter 62 / Subchapter 3 / Section 6-62-309
Bonds or notes - Liability
Status: in_force

(a) The bonds or notes shall be general obligations only of the board of trustees, and in no event shall they be considered a debt for which the faith and credit of the State of Arkansas or any of its revenues are pledged. (b) No member of any board shall be personally liable for the notes or bonds, or for any damages sustained by anyone in connection with contracts for loans or the construction of the buildings, unless it shall be made to appear that he or she has acted with a corrupt intent. (c) Upon a determination of the board that a reallocation of resources is necessary for the purposes of preventing a default on its indebtedness, the board has specific authority to transfer funds between and among campuses, divisions, and other budgetary units of its institution of higher education. Upon exercising the authority to reallocate resources as provided by this section, the board of trustees shall report the reasons for and the details of such reallocations to the Legislative Council or Joint Budget Committee immediately thereafter. Acts 1947, No. 62, § 1; 1949, No. 320, § 1; 1951, No. 313, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311; Acts 2007, No. 1229, § 17.

(a) The bonds or notes shall be general obligations only of the board of trustees, and in no event shall they be considered a debt for which the faith and credit of the State of Arkansas or any of its revenues are pledged.

(b) No member of any board shall be personally liable for the notes or bonds, or for any damages sustained by anyone in connection with contracts for loans or the construction of the buildings, unless it shall be made to appear that he or she has acted with a corrupt intent.

(c) Upon a determination of the board that a reallocation of resources is necessary for the purposes of preventing a default on its indebtedness, the board has specific authority to transfer funds between and among campuses, divisions, and other budgetary units of its institution of higher education. Upon exercising the authority to reallocate resources as provided by this section, the board of trustees shall report the reasons for and the details of such reallocations to the Legislative Council or Joint Budget Committee immediately thereafter.

Acts 1947, No. 62, § 1; 1949, No. 320, § 1; 1951, No. 313, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311; Acts 2007, No. 1229, § 17.
Ark. Code Ann. § 6-53-602 — AR Code / Title 6 / Chapter 53 / Subchapter 6 / Section 6-53-602
Formation of proposed district
Status: in_force

(a) (1) Upon request of the local board of a technical college or the Arkansas Higher Education Coordinating Board acting as a local board of a technical college, the Arkansas Higher Education Coordinating Board shall determine whether formation of a proposed technical college district is feasible according to criteria established by the Arkansas Higher Education Coordinating Board for the formation of a technical college district. (2) The boundaries of the technical college district are to be determined by the local board or the Arkansas Higher Education Coordinating Board acting as the local board. (b) (1) Within ten (10) calendar days after the Arkansas Higher Education Coordinating Board determines that the formation of a proposed district is feasible, the local board or the Arkansas Higher Education Coordinating Board acting as the local board shall notify the county board of election commissioners in each county of which any portion is in the proposed technical college district that an election will be held to determine whether the district shall be formed and whether an ad valorem tax shall be levied on property in the district to fund site acquisition, construction, equipping, and operation of the college. (2) (A) The local board or acting local board shall issue a proclamation and set a date for the election under § 7-11-201 et seq. (B) The local board or acting local board shall publish the proclamation at least ninety (90) days before the election date. (3) The local board or acting local board shall specify the wording of the ballot to be used for the election utilizing appropriate language similar to that found in § 6-61-513(c) , and the county boards of election commissioners shall conduct the election in the manner provided by law for special elections. (c) (1) Except as provided in subdivision (c)(2) of this section, if the establishment of a proposed technical college district fails because of an adverse vote by a majority of the qualified electors of the proposed district voting thereon at the election, no new election for the establishment thereof shall be held within a period of one (1) year after the date of the election. (2) (A) If the formation of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the formation of the district, the local board or acting local board may notify the county boards of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed. (B) The local board or acting local board shall issue a proclamation and set a date for the election in accordance with § 7-11-201 et seq. (C) The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district. (d) (1) If the local board or acting local board of a technical college determines that the question of a tax levy in the technical college district should be submitted to the electors after the district is formed, it shall certify the millage requested to the county board of election commissioners of each county of which any portion is in the technical college district. (2) The county boards shall place the question of the levy on the ballot at the next general election if the date of the general election is not less than sixty (60) calendar days after the county boards receive certification from the local board or acting local board. (3) In the alternative, the local board or acting local board may set a date for a special election in accordance with § 7-11-201 et seq. (4) The special election shall be conducted in the manner provided by law for other special elections. Amended by Act 2021, No. 610,§ 5, eff. 1/1/2022. Acts 1993, No. 945, § 1; 1997, No. 1114, § 12; 2005, No. 2145, § 7; 2007, No. 1049, § 9; 2009, No. 376, § 54; 2009, No. 1480, §§ 7-9.

(a) (1) Upon request of the local board of a technical college or the Arkansas Higher Education Coordinating Board acting as a local board of a technical college, the Arkansas Higher Education Coordinating Board shall determine whether formation of a proposed technical college district is feasible according to criteria established by the Arkansas Higher Education Coordinating Board for the formation of a technical college district. (2) The boundaries of the technical college district are to be determined by the local board or the Arkansas Higher Education Coordinating Board acting as the local board.

(1) Upon request of the local board of a technical college or the Arkansas Higher Education Coordinating Board acting as a local board of a technical college, the Arkansas Higher Education Coordinating Board shall determine whether formation of a proposed technical college district is feasible according to criteria established by the Arkansas Higher Education Coordinating Board for the formation of a technical college district.

(2) The boundaries of the technical college district are to be determined by the local board or the Arkansas Higher Education Coordinating Board acting as the local board.

(b) (1) Within ten (10) calendar days after the Arkansas Higher Education Coordinating Board determines that the formation of a proposed district is feasible, the local board or the Arkansas Higher Education Coordinating Board acting as the local board shall notify the county board of election commissioners in each county of which any portion is in the proposed technical college district that an election will be held to determine whether the district shall be formed and whether an ad valorem tax shall be levied on property in the district to fund site acquisition, construction, equipping, and operation of the college. (2) (A) The local board or acting local board shall issue a proclamation and set a date for the election under § 7-11-201 et seq. (B) The local board or acting local board shall publish the proclamation at least ninety (90) days before the election date. (3) The local board or acting local board shall specify the wording of the ballot to be used for the election utilizing appropriate language similar to that found in § 6-61-513(c) , and the county boards of election commissioners shall conduct the election in the manner provided by law for special elections.

(1) Within ten (10) calendar days after the Arkansas Higher Education Coordinating Board determines that the formation of a proposed district is feasible, the local board or the Arkansas Higher Education Coordinating Board acting as the local board shall notify the county board of election commissioners in each county of which any portion is in the proposed technical college district that an election will be held to determine whether the district shall be formed and whether an ad valorem tax shall be levied on property in the district to fund site acquisition, construction, equipping, and operation of the college.

(2) (A) The local board or acting local board shall issue a proclamation and set a date for the election under § 7-11-201 et seq. (B) The local board or acting local board shall publish the proclamation at least ninety (90) days before the election date.

(A) The local board or acting local board shall issue a proclamation and set a date for the election under § 7-11-201 et seq.

(B) The local board or acting local board shall publish the proclamation at least ninety (90) days before the election date.

(3) The local board or acting local board shall specify the wording of the ballot to be used for the election utilizing appropriate language similar to that found in § 6-61-513(c) , and the county boards of election commissioners shall conduct the election in the manner provided by law for special elections.

(c) (1) Except as provided in subdivision (c)(2) of this section, if the establishment of a proposed technical college district fails because of an adverse vote by a majority of the qualified electors of the proposed district voting thereon at the election, no new election for the establishment thereof shall be held within a period of one (1) year after the date of the election. (2) (A) If the formation of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the formation of the district, the local board or acting local board may notify the county boards of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed. (B) The local board or acting local board shall issue a proclamation and set a date for the election in accordance with § 7-11-201 et seq. (C) The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district.

(1) Except as provided in subdivision (c)(2) of this section, if the establishment of a proposed technical college district fails because of an adverse vote by a majority of the qualified electors of the proposed district voting thereon at the election, no new election for the establishment thereof shall be held within a period of one (1) year after the date of the election.

(2) (A) If the formation of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the formation of the district, the local board or acting local board may notify the county boards of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed. (B) The local board or acting local board shall issue a proclamation and set a date for the election in accordance with § 7-11-201 et seq. (C) The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district.

(A) If the formation of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the formation of the district, the local board or acting local board may notify the county boards of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed.

(B) The local board or acting local board shall issue a proclamation and set a date for the election in accordance with § 7-11-201 et seq.

(C) The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district.

(d) (1) If the local board or acting local board of a technical college determines that the question of a tax levy in the technical college district should be submitted to the electors after the district is formed, it shall certify the millage requested to the county board of election commissioners of each county of which any portion is in the technical college district. (2) The county boards shall place the question of the levy on the ballot at the next general election if the date of the general election is not less than sixty (60) calendar days after the county boards receive certification from the local board or acting local board. (3) In the alternative, the local board or acting local board may set a date for a special election in accordance with § 7-11-201 et seq. (4) The special election shall be conducted in the manner provided by law for other special elections.

(1) If the local board or acting local board of a technical college determines that the question of a tax levy in the technical college district should be submitted to the electors after the district is formed, it shall certify the millage requested to the county board of election commissioners of each county of which any portion is in the technical college district.

(2) The county boards shall place the question of the levy on the ballot at the next general election if the date of the general election is not less than sixty (60) calendar days after the county boards receive certification from the local board or acting local board.

(3) In the alternative, the local board or acting local board may set a date for a special election in accordance with § 7-11-201 et seq.

(4) The special election shall be conducted in the manner provided by law for other special elections.

Amended by Act 2021, No. 610,§ 5, eff. 1/1/2022.

Acts 1993, No. 945, § 1; 1997, No. 1114, § 12; 2005, No. 2145, § 7; 2007, No. 1049, § 9; 2009, No. 376, § 54; 2009, No. 1480, §§ 7-9.
Ark. Code Ann. § 6-81-603 — AR Code / Title 6 / Chapter 81 / Subchapter 6 / Section 6-81-603
Administration
Status: in_force

(a) The Teacher Opportunity Program shall be administered by the Division of Higher Education, which shall have the authority to establish necessary rules, procedures, and selection criteria for the administration of the program and to designate necessary forms and schedules. (b) The division may utilize an appropriate advisory committee to assist it in its responsibilities in this program. Amended by Act 2019, No. 315,§ 395, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2023, eff. 7/1/2019. Acts 1987, No. 331, § 5; 2005, No. 2196, § 3.

(a) The Teacher Opportunity Program shall be administered by the Division of Higher Education, which shall have the authority to establish necessary rules, procedures, and selection criteria for the administration of the program and to designate necessary forms and schedules.

(b) The division may utilize an appropriate advisory committee to assist it in its responsibilities in this program.

Amended by Act 2019, No. 315,§ 395, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2023, eff. 7/1/2019.

Acts 1987, No. 331, § 5; 2005, No. 2196, § 3.
Ark. Code Ann. § 6-13-615 — AR Code / Title 6 / Chapter 13 / Subchapter 6 / Section 6-13-615
Local option to elect directors from single-member zones, at large, or combination of single-member zones and at large
Status: in_force

(a) (1) Qualified electors of a school district may, by petition, have placed on the ballot of any annual school election the issue to determine whether to elect the school district board of directors: (A) From single-member zones; (B) At large; or (C) A combination of single-member zones and at large. (2) The petitions calling for the issue under subdivision (a)(1) of this section to be placed on the ballot shall be signed by not less than ten percent (10%) of the qualified electors of a school district, based upon the total number of registered voters in the school district. (3) The petitions may be circulated between ninety (90) days and forty-five (45) days before the election date. (4) The petitions shall be filed with the county election commission of the county in which the largest portion of the school district lies. (b) (1) Within ten (10) days of the receipt and verification of the sufficiency of the petitions required under subsection (a) of this section, the county election commission shall notify the board of directors of the affected school district that the issue shall be placed on the ballot of the next school board election. (2) The county election commission shall specify the wording of the ballot to be used to determine whether to elect the school district board of directors from single-member zones, at large, or a combination of single-member zones and at large. (c) If a majority of the qualified electors of a school district vote for the election of the school district board of directors from single-member zones or a combination of single-member zones and at large, the county election commission of the county in which the largest portion of the school district lies shall establish, within the school district, boundaries for the election of directors of the school district board of directors, which shall have substantially equal population based on the most recent available census. (d) (1) Members of the school district board of directors shall be elected for a four-year term. (2) A member of the school district board of directors shall hold office until his or her successor has been elected and qualified. (3) A member of the school district board of directors who is qualified to serve the zone he or she represents may succeed himself or herself. (e) (1) Following a school board election, a new school district board of directors at the initial meeting shall, by lot, establish initial terms so that, as closely as possible, an equal number of positions are filled during each school board election. (2) The regular term of office for a school district board of directors elected after the initial election following the decision to elect from single-member zones shall be the same as the term of the school district board of directors of the school district before the change in the method of election of the school district board of directors. Amended by Act 2023, No. 547,§ 1, eff. 8/1/2023. Acts 1989, No. 872, §§ 1-5.

(a) (1) Qualified electors of a school district may, by petition, have placed on the ballot of any annual school election the issue to determine whether to elect the school district board of directors: (A) From single-member zones; (B) At large; or (C) A combination of single-member zones and at large. (2) The petitions calling for the issue under subdivision (a)(1) of this section to be placed on the ballot shall be signed by not less than ten percent (10%) of the qualified electors of a school district, based upon the total number of registered voters in the school district. (3) The petitions may be circulated between ninety (90) days and forty-five (45) days before the election date. (4) The petitions shall be filed with the county election commission of the county in which the largest portion of the school district lies.

(1) Qualified electors of a school district may, by petition, have placed on the ballot of any annual school election the issue to determine whether to elect the school district board of directors: (A) From single-member zones; (B) At large; or (C) A combination of single-member zones and at large.

(A) From single-member zones;

(B) At large; or

(C) A combination of single-member zones and at large.

(2) The petitions calling for the issue under subdivision (a)(1) of this section to be placed on the ballot shall be signed by not less than ten percent (10%) of the qualified electors of a school district, based upon the total number of registered voters in the school district.

(3) The petitions may be circulated between ninety (90) days and forty-five (45) days before the election date.

(4) The petitions shall be filed with the county election commission of the county in which the largest portion of the school district lies.

(b) (1) Within ten (10) days of the receipt and verification of the sufficiency of the petitions required under subsection (a) of this section, the county election commission shall notify the board of directors of the affected school district that the issue shall be placed on the ballot of the next school board election. (2) The county election commission shall specify the wording of the ballot to be used to determine whether to elect the school district board of directors from single-member zones, at large, or a combination of single-member zones and at large.

(1) Within ten (10) days of the receipt and verification of the sufficiency of the petitions required under subsection (a) of this section, the county election commission shall notify the board of directors of the affected school district that the issue shall be placed on the ballot of the next school board election.

(2) The county election commission shall specify the wording of the ballot to be used to determine whether to elect the school district board of directors from single-member zones, at large, or a combination of single-member zones and at large.

(c) If a majority of the qualified electors of a school district vote for the election of the school district board of directors from single-member zones or a combination of single-member zones and at large, the county election commission of the county in which the largest portion of the school district lies shall establish, within the school district, boundaries for the election of directors of the school district board of directors, which shall have substantially equal population based on the most recent available census.

(d) (1) Members of the school district board of directors shall be elected for a four-year term. (2) A member of the school district board of directors shall hold office until his or her successor has been elected and qualified. (3) A member of the school district board of directors who is qualified to serve the zone he or she represents may succeed himself or herself.

(1) Members of the school district board of directors shall be elected for a four-year term.

(2) A member of the school district board of directors shall hold office until his or her successor has been elected and qualified.

(3) A member of the school district board of directors who is qualified to serve the zone he or she represents may succeed himself or herself.

(e) (1) Following a school board election, a new school district board of directors at the initial meeting shall, by lot, establish initial terms so that, as closely as possible, an equal number of positions are filled during each school board election. (2) The regular term of office for a school district board of directors elected after the initial election following the decision to elect from single-member zones shall be the same as the term of the school district board of directors of the school district before the change in the method of election of the school district board of directors.

(1) Following a school board election, a new school district board of directors at the initial meeting shall, by lot, establish initial terms so that, as closely as possible, an equal number of positions are filled during each school board election.

(2) The regular term of office for a school district board of directors elected after the initial election following the decision to elect from single-member zones shall be the same as the term of the school district board of directors of the school district before the change in the method of election of the school district board of directors.

Amended by Act 2023, No. 547,§ 1, eff. 8/1/2023.

Acts 1989, No. 872, §§ 1-5.
Ark. Code Ann. § 6-17-709 — AR Code / Title 6 / Chapter 17 / Subchapter 7 / Section 6-17-709
Professional development schedule
Status: in_force

(a) Beginning with the 2013-2014 school year, a school district or an open-enrollment public charter school shall make available to the appropriate licensed personnel the following professional development: (1) In the 2013-2014 school year and every fifth school year thereafter, the professional development for mandated reporters and licensed elementary and secondary public school personnel required under § 6-61-133 ; (2) (A) Beginning with the 2023-2024 school year, the family and community engagement professional development under § 6-15-1703 shall be taken by licensed personnel at least one (1) time. (B) If the appropriate licensed personnel has completed the family and community engagement professional development required under subdivision (a)(2)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the family and community engagement professional development again; (3) In the 2023-2024 school year and every fifth school year thereafter, the mental health awareness and teen suicide awareness and prevention professional development required under § 6-17-708 ; and (4) (A) Beginning with the 2023-2024 school year, the Arkansas history professional development required under § 6-17-703 shall be taken by licensed personnel at least one (1) time. (B) If the appropriate licensed personnel has completed the Arkansas history professional development required under subdivision (a)(4)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the Arkansas history professional development again, except as may be required for the subject matter he or she teaches. (b) (1) Two (2) hours of the professional development, or professional learning credit as determined by the Division of Elementary and Secondary Education, required by subsection (a) of this section shall be counted in one (1) school year toward the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development. (2) If additional hours or professional learning credits are obtained by a licensed educator, the school district may count those hours or credits as part of the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development. (c) Annually, the State Board of Education may require up to six (6) hours of integrated professional development, or professional learning credits determined by the Division of Elementary and Secondary Education, for licensed educators in educational technology. (d) The Division of Elementary and Secondary Education shall establish the curriculum under this section in collaboration with educational agencies and associations, including without limitation the: (1) Division of Higher Education; (2) Arkansas Association of Educational Administrators; (3) Arkansas Education Association; (4) Arkansas School Boards Association; (5) Arkansas Association for Supervision and Curriculum Development; (6) Arkansas State Teachers Association; and (7) Arkansas Rural Ed Association. (e) (1) The professional development under this subsection shall not be provided by a school district but shall be provided by: (A) The Division of Elementary and Secondary Education; (B) An institution of higher education; or (C) Providers approved by the Division of Elementary and Secondary Education. (2) (A) Before a person receives a building level administrator's license, the person shall successfully complete the teacher evaluation professional development program. (B) A person who receives an initial building level administrator's license shall complete the certification assessment for the teacher evaluation professional development program before or after receiving the initial building level administrator's license. (3) (A) Upon the issuance of an initial teaching license by the Division of Elementary and Secondary Education, an applicant shall obtain training in the following areas within his or her first two (2) years of initial employment as a licensed teacher in this state: (i) Mandated reporting under § 6-61-133 ; (ii) Family and community engagement under § 6-15-1703 ; (iii) Teen suicide awareness and prevention under § 6-17-708 ; (iv) Arkansas history under § 6-17-703 ; and (v) Human trafficking under § 6-17-710 . (B) However, an applicant who has obtained the training required under subdivision (e)(3)(A) of this section in a separate educator preparation program or in another state and who has provided the Division of Elementary and Secondary Education with verification of the obtainment of the training shall not be subject to the additional training required under subdivision (e)(3)(A) of this section. (C) For a teaching license issued under the state's reciprocity provisions to an out-of-state teacher, the Division of Elementary and Secondary Education shall issue a provisional license until the licensee obtains the professional development identified in subdivision (e)(3)(A) of this section. Amended by Act 2023, No. 548,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 648,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 620,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 666,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 666,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 666,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 666,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1452, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1451, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1450, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1449, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1448, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1447, eff. 7/1/2019. Added by Act 2013, No. 969,§ 8, eff. 4/8/2013.

(a) Beginning with the 2013-2014 school year, a school district or an open-enrollment public charter school shall make available to the appropriate licensed personnel the following professional development: (1) In the 2013-2014 school year and every fifth school year thereafter, the professional development for mandated reporters and licensed elementary and secondary public school personnel required under § 6-61-133 ; (2) (A) Beginning with the 2023-2024 school year, the family and community engagement professional development under § 6-15-1703 shall be taken by licensed personnel at least one (1) time. (B) If the appropriate licensed personnel has completed the family and community engagement professional development required under subdivision (a)(2)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the family and community engagement professional development again; (3) In the 2023-2024 school year and every fifth school year thereafter, the mental health awareness and teen suicide awareness and prevention professional development required under § 6-17-708 ; and (4) (A) Beginning with the 2023-2024 school year, the Arkansas history professional development required under § 6-17-703 shall be taken by licensed personnel at least one (1) time. (B) If the appropriate licensed personnel has completed the Arkansas history professional development required under subdivision (a)(4)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the Arkansas history professional development again, except as may be required for the subject matter he or she teaches.

(1) In the 2013-2014 school year and every fifth school year thereafter, the professional development for mandated reporters and licensed elementary and secondary public school personnel required under § 6-61-133 ;

(2) (A) Beginning with the 2023-2024 school year, the family and community engagement professional development under § 6-15-1703 shall be taken by licensed personnel at least one (1) time. (B) If the appropriate licensed personnel has completed the family and community engagement professional development required under subdivision (a)(2)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the family and community engagement professional development again;

(A) Beginning with the 2023-2024 school year, the family and community engagement professional development under § 6-15-1703 shall be taken by licensed personnel at least one (1) time.

(B) If the appropriate licensed personnel has completed the family and community engagement professional development required under subdivision (a)(2)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the family and community engagement professional development again;

(3) In the 2023-2024 school year and every fifth school year thereafter, the mental health awareness and teen suicide awareness and prevention professional development required under § 6-17-708 ; and

(4) (A) Beginning with the 2023-2024 school year, the Arkansas history professional development required under § 6-17-703 shall be taken by licensed personnel at least one (1) time. (B) If the appropriate licensed personnel has completed the Arkansas history professional development required under subdivision (a)(4)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the Arkansas history professional development again, except as may be required for the subject matter he or she teaches.

(A) Beginning with the 2023-2024 school year, the Arkansas history professional development required under § 6-17-703 shall be taken by licensed personnel at least one (1) time.

(B) If the appropriate licensed personnel has completed the Arkansas history professional development required under subdivision (a)(4)(A) of this section at least one (1) time before the 2023-2024 school year, he or she shall not be required to complete the Arkansas history professional development again, except as may be required for the subject matter he or she teaches.

(b) (1) Two (2) hours of the professional development, or professional learning credit as determined by the Division of Elementary and Secondary Education, required by subsection (a) of this section shall be counted in one (1) school year toward the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development. (2) If additional hours or professional learning credits are obtained by a licensed educator, the school district may count those hours or credits as part of the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development.

(1) Two (2) hours of the professional development, or professional learning credit as determined by the Division of Elementary and Secondary Education, required by subsection (a) of this section shall be counted in one (1) school year toward the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development.

(2) If additional hours or professional learning credits are obtained by a licensed educator, the school district may count those hours or credits as part of the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development.

(c) Annually, the State Board of Education may require up to six (6) hours of integrated professional development, or professional learning credits determined by the Division of Elementary and Secondary Education, for licensed educators in educational technology.

(d) The Division of Elementary and Secondary Education shall establish the curriculum under this section in collaboration with educational agencies and associations, including without limitation the: (1) Division of Higher Education; (2) Arkansas Association of Educational Administrators; (3) Arkansas Education Association; (4) Arkansas School Boards Association; (5) Arkansas Association for Supervision and Curriculum Development; (6) Arkansas State Teachers Association; and (7) Arkansas Rural Ed Association.

(1) Division of Higher Education;

(2) Arkansas Association of Educational Administrators;

(3) Arkansas Education Association;

(4) Arkansas School Boards Association;

(5) Arkansas Association for Supervision and Curriculum Development;

(6) Arkansas State Teachers Association; and

(7) Arkansas Rural Ed Association.

(e) (1) The professional development under this subsection shall not be provided by a school district but shall be provided by: (A) The Division of Elementary and Secondary Education; (B) An institution of higher education; or (C) Providers approved by the Division of Elementary and Secondary Education. (2) (A) Before a person receives a building level administrator's license, the person shall successfully complete the teacher evaluation professional development program. (B) A person who receives an initial building level administrator's license shall complete the certification assessment for the teacher evaluation professional development program before or after receiving the initial building level administrator's license. (3) (A) Upon the issuance of an initial teaching license by the Division of Elementary and Secondary Education, an applicant shall obtain training in the following areas within his or her first two (2) years of initial employment as a licensed teacher in this state: (i) Mandated reporting under § 6-61-133 ; (ii) Family and community engagement under § 6-15-1703 ; (iii) Teen suicide awareness and prevention under § 6-17-708 ; (iv) Arkansas history under § 6-17-703 ; and (v) Human trafficking under § 6-17-710 . (B) However, an applicant who has obtained the training required under subdivision (e)(3)(A) of this section in a separate educator preparation program or in another state and who has provided the Division of Elementary and Secondary Education with verification of the obtainment of the training shall not be subject to the additional training required under subdivision (e)(3)(A) of this section. (C) For a teaching license issued under the state's reciprocity provisions to an out-of-state teacher, the Division of Elementary and Secondary Education shall issue a provisional license until the licensee obtains the professional development identified in subdivision (e)(3)(A) of this section.

(1) The professional development under this subsection shall not be provided by a school district but shall be provided by: (A) The Division of Elementary and Secondary Education; (B) An institution of higher education; or (C) Providers approved by the Division of Elementary and Secondary Education.

(A) The Division of Elementary and Secondary Education;

(B) An institution of higher education; or

(C) Providers approved by the Division of Elementary and Secondary Education.

(2) (A) Before a person receives a building level administrator's license, the person shall successfully complete the teacher evaluation professional development program. (B) A person who receives an initial building level administrator's license shall complete the certification assessment for the teacher evaluation professional development program before or after receiving the initial building level administrator's license.

(A) Before a person receives a building level administrator's license, the person shall successfully complete the teacher evaluation professional development program.

(B) A person who receives an initial building level administrator's license shall complete the certification assessment for the teacher evaluation professional development program before or after receiving the initial building level administrator's license.

(3) (A) Upon the issuance of an initial teaching license by the Division of Elementary and Secondary Education, an applicant shall obtain training in the following areas within his or her first two (2) years of initial employment as a licensed teacher in this state: (i) Mandated reporting under § 6-61-133 ; (ii) Family and community engagement under § 6-15-1703 ; (iii) Teen suicide awareness and prevention under § 6-17-708 ; (iv) Arkansas history under § 6-17-703 ; and (v) Human trafficking under § 6-17-710 . (B) However, an applicant who has obtained the training required under subdivision (e)(3)(A) of this section in a separate educator preparation program or in another state and who has provided the Division of Elementary and Secondary Education with verification of the obtainment of the training shall not be subject to the additional training required under subdivision (e)(3)(A) of this section. (C) For a teaching license issued under the state's reciprocity provisions to an out-of-state teacher, the Division of Elementary and Secondary Education shall issue a provisional license until the licensee obtains the professional development identified in subdivision (e)(3)(A) of this section.

(A) Upon the issuance of an initial teaching license by the Division of Elementary and Secondary Education, an applicant shall obtain training in the following areas within his or her first two (2) years of initial employment as a licensed teacher in this state: (i) Mandated reporting under § 6-61-133 ; (ii) Family and community engagement under § 6-15-1703 ; (iii) Teen suicide awareness and prevention under § 6-17-708 ; (iv) Arkansas history under § 6-17-703 ; and (v) Human trafficking under § 6-17-710 .

(i) Mandated reporting under § 6-61-133 ;

(ii) Family and community engagement under § 6-15-1703 ;

(iii) Teen suicide awareness and prevention under § 6-17-708 ;

(iv) Arkansas history under § 6-17-703 ; and

(v) Human trafficking under § 6-17-710 .

(B) However, an applicant who has obtained the training required under subdivision (e)(3)(A) of this section in a separate educator preparation program or in another state and who has provided the Division of Elementary and Secondary Education with verification of the obtainment of the training shall not be subject to the additional training required under subdivision (e)(3)(A) of this section.

(C) For a teaching license issued under the state's reciprocity provisions to an out-of-state teacher, the Division of Elementary and Secondary Education shall issue a provisional license until the licensee obtains the professional development identified in subdivision (e)(3)(A) of this section.

Amended by Act 2023, No. 548,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 648,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 620,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 666,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 666,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 666,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 666,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1452, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1451, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1450, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1449, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1448, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1447, eff. 7/1/2019.

Added by Act 2013, No. 969,§ 8, eff. 4/8/2013.
Ark. Code Ann. § 6-62-709 — AR Code / Title 6 / Chapter 62 / Subchapter 7 / Section 6-62-709
Bonds - Issuance - Duties of Arkansas Higher Education Coordinating Board and Arkansas Development Finance Authority
Status: in_force

(a) Provided further that, before any bonds may be issued during any fiscal biennium, the Arkansas Higher Education Coordinating Board shall submit to the Governor a written plan for projects to be performed with the proceeds derived from the sale of such bonds, the need for, the estimated benefits thereof, and the anticipated debt service requirements. None of the proceeds from the issuance of the bonds as authorized herein shall be used for athletic facilities. (b) Upon receipt thereof, the Governor shall confer with the Chief Fiscal Officer of the State concerning the amount available in the state General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, which funds shall be used to defray the debt service requirements in amounts as are determined to be available. The Chief Fiscal Officer of the State shall then determine whether the annual amount of general revenue funds required to be set aside from the net general revenue as defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of the remaining debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued, would work undue hardship upon any agency or program supported from general revenues under the Revenue Stabilization Law, § 19-5-101 et seq. (c) In connection with its duties and powers hereunder, the Arkansas Development Finance Authority shall have the following responsibilities: (1) To make recommendations to the Governor and the Chief Fiscal Officer of the State regarding the marketing of the bonds to ensure, to the extent possible, their broad distribution throughout the state for educational purposes; (2) To advise the Governor and the Chief Fiscal Officer of the State on an effective advertising campaign to inform the general public about the bonds and their availability; (3) To advise the Governor and the Chief Fiscal Officer of the State regarding the increments in which to market the bonds and recommend maturity dates which will make funds available to purchasers at a time when such funds are needed for educational purposes; (4) To advise the Governor and the Chief Fiscal Officer of the State regarding additional financial incentives as provided in this subchapter; (5) To advise the Governor and the Chief Fiscal Officer of the State on the minimum denominations to market the bonds so that they are affordable by individuals; (6) To evaluate the feasibility of staggered or periodic forms of payment for bonds, and to advise the Governor and Chief Fiscal Officer of the State regarding such evaluation; (7) After the initial sale of bonds, to assess the effectiveness of the program and recommend constructive changes to the Governor and the Chief Fiscal Officer of the State regarding future bond sales; and (8) To study and review alternative investment instruments with respect to their suitability for a college savings program. (d) Upon conclusion of such studies, the Governor shall, if he or she deems the same to be in the public interest, by proclamation, authorize the board and the authority to proceed with the issuance of the bonds as provided herein. (e) If the Governor shall decline or refuse to give his or her approval for the issuance of such bonds, and shall decline to issue a proclamation approving the issuance thereof, the Governor shall promptly notify the board and the authority, in writing, and the authority shall not issue such bonds, but the board may resubmit a request to the Governor for the issuance thereof within one (1) year from the date of notice of the Governor's refusal to grant approval for the issuance thereof. (f) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds. Amended by Act 2019, No. 82,§ 2, eff. 7/1/2019. Acts 1989, No. 683, § 3; 1991, No. 102, § 1.

(a) Provided further that, before any bonds may be issued during any fiscal biennium, the Arkansas Higher Education Coordinating Board shall submit to the Governor a written plan for projects to be performed with the proceeds derived from the sale of such bonds, the need for, the estimated benefits thereof, and the anticipated debt service requirements. None of the proceeds from the issuance of the bonds as authorized herein shall be used for athletic facilities.

(b) Upon receipt thereof, the Governor shall confer with the Chief Fiscal Officer of the State concerning the amount available in the state General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, which funds shall be used to defray the debt service requirements in amounts as are determined to be available. The Chief Fiscal Officer of the State shall then determine whether the annual amount of general revenue funds required to be set aside from the net general revenue as defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of the remaining debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued, would work undue hardship upon any agency or program supported from general revenues under the Revenue Stabilization Law, § 19-5-101 et seq.

(c) In connection with its duties and powers hereunder, the Arkansas Development Finance Authority shall have the following responsibilities: (1) To make recommendations to the Governor and the Chief Fiscal Officer of the State regarding the marketing of the bonds to ensure, to the extent possible, their broad distribution throughout the state for educational purposes; (2) To advise the Governor and the Chief Fiscal Officer of the State on an effective advertising campaign to inform the general public about the bonds and their availability; (3) To advise the Governor and the Chief Fiscal Officer of the State regarding the increments in which to market the bonds and recommend maturity dates which will make funds available to purchasers at a time when such funds are needed for educational purposes; (4) To advise the Governor and the Chief Fiscal Officer of the State regarding additional financial incentives as provided in this subchapter; (5) To advise the Governor and the Chief Fiscal Officer of the State on the minimum denominations to market the bonds so that they are affordable by individuals; (6) To evaluate the feasibility of staggered or periodic forms of payment for bonds, and to advise the Governor and Chief Fiscal Officer of the State regarding such evaluation; (7) After the initial sale of bonds, to assess the effectiveness of the program and recommend constructive changes to the Governor and the Chief Fiscal Officer of the State regarding future bond sales; and (8) To study and review alternative investment instruments with respect to their suitability for a college savings program.

(1) To make recommendations to the Governor and the Chief Fiscal Officer of the State regarding the marketing of the bonds to ensure, to the extent possible, their broad distribution throughout the state for educational purposes;

(2) To advise the Governor and the Chief Fiscal Officer of the State on an effective advertising campaign to inform the general public about the bonds and their availability;

(3) To advise the Governor and the Chief Fiscal Officer of the State regarding the increments in which to market the bonds and recommend maturity dates which will make funds available to purchasers at a time when such funds are needed for educational purposes;

(4) To advise the Governor and the Chief Fiscal Officer of the State regarding additional financial incentives as provided in this subchapter;

(5) To advise the Governor and the Chief Fiscal Officer of the State on the minimum denominations to market the bonds so that they are affordable by individuals;

(6) To evaluate the feasibility of staggered or periodic forms of payment for bonds, and to advise the Governor and Chief Fiscal Officer of the State regarding such evaluation;

(7) After the initial sale of bonds, to assess the effectiveness of the program and recommend constructive changes to the Governor and the Chief Fiscal Officer of the State regarding future bond sales; and

(8) To study and review alternative investment instruments with respect to their suitability for a college savings program.

(d) Upon conclusion of such studies, the Governor shall, if he or she deems the same to be in the public interest, by proclamation, authorize the board and the authority to proceed with the issuance of the bonds as provided herein.

(e) If the Governor shall decline or refuse to give his or her approval for the issuance of such bonds, and shall decline to issue a proclamation approving the issuance thereof, the Governor shall promptly notify the board and the authority, in writing, and the authority shall not issue such bonds, but the board may resubmit a request to the Governor for the issuance thereof within one (1) year from the date of notice of the Governor's refusal to grant approval for the issuance thereof.

(f) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.

Amended by Act 2019, No. 82,§ 2, eff. 7/1/2019.

Acts 1989, No. 683, § 3; 1991, No. 102, § 1.
Ark. Code Ann. § 6-21-108 — AR Code / Title 6 / Chapter 21 / Subchapter 1 / Section 6-21-108
School districts authorized to own and convey real property - Donation of property for educational purposes and beneficial educational services only
Status: in_force

(a) In addition to the authority of school districts under § 6-13-620 , a school district board of directors may acquire and hold real estate, tenements, hereditaments, and other real property necessary for the education of students and the administration of the school district. (b) (1) If the board of directors for a school district determines that real property owned or controlled by the school district is not required for the present or future needs of the school district and that the donation of the real property would serve a beneficial educational service for the citizens of the school district, then the school district may donate real property to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof for the following limited purposes: (A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee; (B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or (C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs. (2) A school district may donate the fee simple title and absolute interest in real property, without any reservations or restrictions to the real property, to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof. (3) If two (2) years after the effective date of consolidation the real property of the consolidated school district is not used by the school district for educational purposes and has not been sold, preserved, leased, or donated, the school district board of directors shall make the real property available to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof, by donation or low-cost long-term lease, for the following limited purposes: (A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee; (B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or (C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs. (c) A contract, conveyance, or lease shall be executed by the president and confirmed by the secretary of the school district board of directors after the contract, conveyance, or lease is authorized by a written resolution approved by a majority vote of the school district board of directors. (d) (1) If the school district donates real property to an entity under this section, the school district shall have the right of first refusal to reacquire the real property if the entity decides to sell or otherwise dispose of the real property. (2) The school district is not required to compensate the entity for improvements to real property reacquired under this section. Amended by Act 2015, No. 394,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 318,§ 3, eff. 8/16/2013. Acts 1999, No. 1531, § 1; 2005, No. 2260, § 2.

(a) In addition to the authority of school districts under § 6-13-620 , a school district board of directors may acquire and hold real estate, tenements, hereditaments, and other real property necessary for the education of students and the administration of the school district.

(b) (1) If the board of directors for a school district determines that real property owned or controlled by the school district is not required for the present or future needs of the school district and that the donation of the real property would serve a beneficial educational service for the citizens of the school district, then the school district may donate real property to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof for the following limited purposes: (A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee; (B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or (C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs. (2) A school district may donate the fee simple title and absolute interest in real property, without any reservations or restrictions to the real property, to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof. (3) If two (2) years after the effective date of consolidation the real property of the consolidated school district is not used by the school district for educational purposes and has not been sold, preserved, leased, or donated, the school district board of directors shall make the real property available to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof, by donation or low-cost long-term lease, for the following limited purposes: (A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee; (B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or (C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.

(1) If the board of directors for a school district determines that real property owned or controlled by the school district is not required for the present or future needs of the school district and that the donation of the real property would serve a beneficial educational service for the citizens of the school district, then the school district may donate real property to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof for the following limited purposes: (A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee; (B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or (C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.

(A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee;

(B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or

(C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.

(2) A school district may donate the fee simple title and absolute interest in real property, without any reservations or restrictions to the real property, to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof.

(3) If two (2) years after the effective date of consolidation the real property of the consolidated school district is not used by the school district for educational purposes and has not been sold, preserved, leased, or donated, the school district board of directors shall make the real property available to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof, by donation or low-cost long-term lease, for the following limited purposes: (A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee; (B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or (C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.

(A) Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee;

(B) Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or

(C) Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.

(c) A contract, conveyance, or lease shall be executed by the president and confirmed by the secretary of the school district board of directors after the contract, conveyance, or lease is authorized by a written resolution approved by a majority vote of the school district board of directors.

(d) (1) If the school district donates real property to an entity under this section, the school district shall have the right of first refusal to reacquire the real property if the entity decides to sell or otherwise dispose of the real property. (2) The school district is not required to compensate the entity for improvements to real property reacquired under this section.

(1) If the school district donates real property to an entity under this section, the school district shall have the right of first refusal to reacquire the real property if the entity decides to sell or otherwise dispose of the real property.

(2) The school district is not required to compensate the entity for improvements to real property reacquired under this section.

Amended by Act 2015, No. 394,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 318,§ 3, eff. 8/16/2013.

Acts 1999, No. 1531, § 1; 2005, No. 2260, § 2.
Ark. Code Ann. § 6-17-1411 — AR Code / Title 6 / Chapter 17 / Subchapter 14 / Section 6-17-1411
School district employees
Status: in_force

(a) All school districts shall be required to provide workers' compensation coverage for their employees. (b) Coverages shall be provided for losses incurred while performing work for the school district. Acts 1993, No. 862, § 1.

(a) All school districts shall be required to provide workers' compensation coverage for their employees.

(b) Coverages shall be provided for losses incurred while performing work for the school district.

Acts 1993, No. 862, § 1.
Ark. Code Ann. § 6-15-2502 — AR Code / Title 6 / Chapter 15 / Subchapter 25 / Section 6-15-2502
Establishment of education renewal zones - Purpose - Organization
Status: in_force

(a) A public school, an education service cooperative, or an institution of higher education is authorized to enter into one (1) or more interlocal agreements through which they collaborate to improve public school performance and academic achievement. (b) Each interlocal agreement shall establish an education renewal zone. (c) The purpose of an education renewal zone shall include: (1) Identifying and implementing education and management strategies designed specifically to improve public school performance and student academic achievement throughout the State of Arkansas, with special focus on the public schools in need of the specialized support and services provided by education renewal zones; (2) Providing for collaboration among the state's smaller schools and school districts in order to achieve some of the advantages of economies of scale in providing educational and related activities; (3) Maximizing benefits and outcomes of public schooling by coordinating available resources to improve public school performance and student academic achievement through a collaborative, statewide effort; and (4) Enabling schools to make the best use of the latest cost-effective distance learning technology to enhance curricula and professional development opportunities. (d) Each education renewal zone shall consist of the following: (1) (A) A higher education partner. (B) The Office of Education Renewal Zones shall develop, publish, and disseminate guidelines for establishing an education renewal zone, including a process for selecting a qualified higher education partner in the education service cooperative areas in the state and in Pulaski County. (C) (i) A qualified higher education partner shall: (a) Be a school with a department of education or a comprehensive four-year teacher preparation program; and (b) Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts. (ii) The office shall give preference to qualified four-year higher education institutions located within the education service cooperative area. (D) If there is no qualified four-year higher education institution located within the education service cooperative area, the office may select: (i) A two-year higher education institution that in collaboration with a qualified four-year education institution located in another education service cooperative area provides a comprehensive four-year teacher preparation program; or (ii) A qualified higher education institution located in another education service cooperative area. (E) An institution of higher education may serve as the higher education partner for more than one (1) education service cooperative area; (2) (A) An education service cooperative. (B) The education service cooperative shall be a partner to support schools in student achievement and school improvement; (3) (A) Public schools. (B) (i) A public school identified by the Division of Elementary and Secondary Education as being in need of the specialized support and services provided by education renewal zones shall participate in an education renewal zone if requested to do so by the division. (ii) The office shall provide a priority for education renewal zone participation by the schools described in subdivision (d)(3)(B)(i) of this section, which shall be contingent on the appropriation availability of funding for the renewal education zones; and (4) (A) A local advisory group. (B) Each education renewal zone shall form a local advisory group composed of a representative of the following groups: (i) The higher education partner; (ii) The education service cooperative that includes the area in which the education renewal zone is located; (iii) Each public school or school district participating in the education renewal zone; and (iv) Parents or community members, or both. (C) The membership and staff of local advisory groups shall be reflective of the diversity of the population of the state. Amended by Act 2021, No. 467,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 134,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 757,§ 23, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 22, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 21, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 20, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1279, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1278, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1277, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1276, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1275, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1274, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1273, eff. 7/1/2019. Amended by Act 2017, No. 745,§ 19, eff. 8/1/2017. Acts 2003 (2nd Ex. Sess.), No. 106, § 1.

(a) A public school, an education service cooperative, or an institution of higher education is authorized to enter into one (1) or more interlocal agreements through which they collaborate to improve public school performance and academic achievement.

(b) Each interlocal agreement shall establish an education renewal zone.

(c) The purpose of an education renewal zone shall include: (1) Identifying and implementing education and management strategies designed specifically to improve public school performance and student academic achievement throughout the State of Arkansas, with special focus on the public schools in need of the specialized support and services provided by education renewal zones; (2) Providing for collaboration among the state's smaller schools and school districts in order to achieve some of the advantages of economies of scale in providing educational and related activities; (3) Maximizing benefits and outcomes of public schooling by coordinating available resources to improve public school performance and student academic achievement through a collaborative, statewide effort; and (4) Enabling schools to make the best use of the latest cost-effective distance learning technology to enhance curricula and professional development opportunities.

(1) Identifying and implementing education and management strategies designed specifically to improve public school performance and student academic achievement throughout the State of Arkansas, with special focus on the public schools in need of the specialized support and services provided by education renewal zones;

(2) Providing for collaboration among the state's smaller schools and school districts in order to achieve some of the advantages of economies of scale in providing educational and related activities;

(3) Maximizing benefits and outcomes of public schooling by coordinating available resources to improve public school performance and student academic achievement through a collaborative, statewide effort; and

(4) Enabling schools to make the best use of the latest cost-effective distance learning technology to enhance curricula and professional development opportunities.

(d) Each education renewal zone shall consist of the following: (1) (A) A higher education partner. (B) The Office of Education Renewal Zones shall develop, publish, and disseminate guidelines for establishing an education renewal zone, including a process for selecting a qualified higher education partner in the education service cooperative areas in the state and in Pulaski County. (C) (i) A qualified higher education partner shall: (a) Be a school with a department of education or a comprehensive four-year teacher preparation program; and (b) Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts. (ii) The office shall give preference to qualified four-year higher education institutions located within the education service cooperative area. (D) If there is no qualified four-year higher education institution located within the education service cooperative area, the office may select: (i) A two-year higher education institution that in collaboration with a qualified four-year education institution located in another education service cooperative area provides a comprehensive four-year teacher preparation program; or (ii) A qualified higher education institution located in another education service cooperative area. (E) An institution of higher education may serve as the higher education partner for more than one (1) education service cooperative area; (2) (A) An education service cooperative. (B) The education service cooperative shall be a partner to support schools in student achievement and school improvement; (3) (A) Public schools. (B) (i) A public school identified by the Division of Elementary and Secondary Education as being in need of the specialized support and services provided by education renewal zones shall participate in an education renewal zone if requested to do so by the division. (ii) The office shall provide a priority for education renewal zone participation by the schools described in subdivision (d)(3)(B)(i) of this section, which shall be contingent on the appropriation availability of funding for the renewal education zones; and (4) (A) A local advisory group. (B) Each education renewal zone shall form a local advisory group composed of a representative of the following groups: (i) The higher education partner; (ii) The education service cooperative that includes the area in which the education renewal zone is located; (iii) Each public school or school district participating in the education renewal zone; and (iv) Parents or community members, or both. (C) The membership and staff of local advisory groups shall be reflective of the diversity of the population of the state.

(1) (A) A higher education partner. (B) The Office of Education Renewal Zones shall develop, publish, and disseminate guidelines for establishing an education renewal zone, including a process for selecting a qualified higher education partner in the education service cooperative areas in the state and in Pulaski County. (C) (i) A qualified higher education partner shall: (a) Be a school with a department of education or a comprehensive four-year teacher preparation program; and (b) Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts. (ii) The office shall give preference to qualified four-year higher education institutions located within the education service cooperative area. (D) If there is no qualified four-year higher education institution located within the education service cooperative area, the office may select: (i) A two-year higher education institution that in collaboration with a qualified four-year education institution located in another education service cooperative area provides a comprehensive four-year teacher preparation program; or (ii) A qualified higher education institution located in another education service cooperative area. (E) An institution of higher education may serve as the higher education partner for more than one (1) education service cooperative area;

(A) A higher education partner.

(B) The Office of Education Renewal Zones shall develop, publish, and disseminate guidelines for establishing an education renewal zone, including a process for selecting a qualified higher education partner in the education service cooperative areas in the state and in Pulaski County.

(C) (i) A qualified higher education partner shall: (a) Be a school with a department of education or a comprehensive four-year teacher preparation program; and (b) Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts. (ii) The office shall give preference to qualified four-year higher education institutions located within the education service cooperative area.

(i) A qualified higher education partner shall: (a) Be a school with a department of education or a comprehensive four-year teacher preparation program; and (b) Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts.

(a) Be a school with a department of education or a comprehensive four-year teacher preparation program; and

(b) Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts.

(ii) The office shall give preference to qualified four-year higher education institutions located within the education service cooperative area.

(D) If there is no qualified four-year higher education institution located within the education service cooperative area, the office may select: (i) A two-year higher education institution that in collaboration with a qualified four-year education institution located in another education service cooperative area provides a comprehensive four-year teacher preparation program; or (ii) A qualified higher education institution located in another education service cooperative area.

(i) A two-year higher education institution that in collaboration with a qualified four-year education institution located in another education service cooperative area provides a comprehensive four-year teacher preparation program; or

(ii) A qualified higher education institution located in another education service cooperative area.

(E) An institution of higher education may serve as the higher education partner for more than one (1) education service cooperative area;

(2) (A) An education service cooperative. (B) The education service cooperative shall be a partner to support schools in student achievement and school improvement;

(A) An education service cooperative.

(B) The education service cooperative shall be a partner to support schools in student achievement and school improvement;

(3) (A) Public schools. (B) (i) A public school identified by the Division of Elementary and Secondary Education as being in need of the specialized support and services provided by education renewal zones shall participate in an education renewal zone if requested to do so by the division. (ii) The office shall provide a priority for education renewal zone participation by the schools described in subdivision (d)(3)(B)(i) of this section, which shall be contingent on the appropriation availability of funding for the renewal education zones; and

(A) Public schools.

(B) (i) A public school identified by the Division of Elementary and Secondary Education as being in need of the specialized support and services provided by education renewal zones shall participate in an education renewal zone if requested to do so by the division. (ii) The office shall provide a priority for education renewal zone participation by the schools described in subdivision (d)(3)(B)(i) of this section, which shall be contingent on the appropriation availability of funding for the renewal education zones; and

(i) A public school identified by the Division of Elementary and Secondary Education as being in need of the specialized support and services provided by education renewal zones shall participate in an education renewal zone if requested to do so by the division.

(ii) The office shall provide a priority for education renewal zone participation by the schools described in subdivision (d)(3)(B)(i) of this section, which shall be contingent on the appropriation availability of funding for the renewal education zones; and

(4) (A) A local advisory group. (B) Each education renewal zone shall form a local advisory group composed of a representative of the following groups: (i) The higher education partner; (ii) The education service cooperative that includes the area in which the education renewal zone is located; (iii) Each public school or school district participating in the education renewal zone; and (iv) Parents or community members, or both. (C) The membership and staff of local advisory groups shall be reflective of the diversity of the population of the state.

(A) A local advisory group.

(B) Each education renewal zone shall form a local advisory group composed of a representative of the following groups: (i) The higher education partner; (ii) The education service cooperative that includes the area in which the education renewal zone is located; (iii) Each public school or school district participating in the education renewal zone; and (iv) Parents or community members, or both.

(i) The higher education partner;

(ii) The education service cooperative that includes the area in which the education renewal zone is located;

(iii) Each public school or school district participating in the education renewal zone; and

(iv) Parents or community members, or both.

(C) The membership and staff of local advisory groups shall be reflective of the diversity of the population of the state.

Amended by Act 2021, No. 467,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 134,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 757,§ 23, eff. 7/24/2019.

Amended by Act 2019, No. 757,§ 22, eff. 7/24/2019.

Amended by Act 2019, No. 757,§ 21, eff. 7/24/2019.

Amended by Act 2019, No. 757,§ 20, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1279, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1278, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1277, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1276, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1275, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1274, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1273, eff. 7/1/2019.

Amended by Act 2017, No. 745,§ 19, eff. 8/1/2017.

Acts 2003 (2nd Ex. Sess.), No. 106, § 1.
Ark. Code Ann. § 6-20-1503 — AR Code / Title 6 / Chapter 20 / Subchapter 15 / Section 6-20-1503
State Insurance Department - Powers and duties regarding insurance for public elementary and secondary schools
Status: in_force

It shall be the power and duty of the State Insurance Department to: (1) Adopt such rules as may be necessary to provide for the insuring of public elementary and secondary school, education service cooperative, and open-enrollment public charter school property within the State of Arkansas; (2) Administer the Public School Insurance Trust Fund; (3) Delegate responsibilities in connection with the administration of this subchapter to the Director of the Risk Management Division and the staff of the department; (4) (A) Establish and administer a program of insurance to cover buildings and contents of public school districts, education service cooperatives, and open-enrollment public charter schools of this state that have elected to participate in a multischool insurance program. (B) The programs shall be in accordance with recognized and established insurance practices; (5) Establish, and from time to time modify, the premium rates to be charged for the various risks; (6) Specify the form for insurance policies and other forms required for the purposes of this subchapter; (7) (A) Purchase insurance in compliance with all state purchasing laws from insurance companies authorized to do business in this state in keeping with recognized principles of good risk management. (B) The director shall prescribe, from time to time, rules for placing and handling the insurance; (8) Employ necessary adjusters, engineers, appraisers, and other personnel required in the administration of this subchapter; (9) Engage in a program of prevention loss control to assist the various public schools in improving and minimizing potential insurance losses; (10) Perform all additional powers and duties necessary to maintain sound insurance underwriting practices recognized by good risk management; (11) Periodically review the status of the fund and the adequacy of insurance premium rates and compare these rates with rates for comparable risks for private insurance companies; (12) Confer with superintendents and boards of directors of school districts, the governing boards of education service cooperatives, and open-enrollment public charter schools concerning insurance practices of the various school districts, education service cooperatives, and open-enrollment public charter schools; (13) Promulgate rules for the administration of the state public school insurance program; and (14) Perform other duties that will expedite the operation of the Public Elementary and Secondary School Insurance Program. Amended by Act 2019, No. 315,§ 289, eff. 7/24/2019. Acts 1973, No. 380, §§ 3, 5, 6; A.S.A. 1947, §§ 80-3511, 80-3513, 80-3514; Acts 2003 (2nd Ex. Sess.), No. 78, § 4; 2007, No. 617, § 15; 2007, No. 738, § 1.

It shall be the power and duty of the State Insurance Department to:

(1) Adopt such rules as may be necessary to provide for the insuring of public elementary and secondary school, education service cooperative, and open-enrollment public charter school property within the State of Arkansas;

(2) Administer the Public School Insurance Trust Fund;

(3) Delegate responsibilities in connection with the administration of this subchapter to the Director of the Risk Management Division and the staff of the department;

(4) (A) Establish and administer a program of insurance to cover buildings and contents of public school districts, education service cooperatives, and open-enrollment public charter schools of this state that have elected to participate in a multischool insurance program. (B) The programs shall be in accordance with recognized and established insurance practices;

(A) Establish and administer a program of insurance to cover buildings and contents of public school districts, education service cooperatives, and open-enrollment public charter schools of this state that have elected to participate in a multischool insurance program.

(B) The programs shall be in accordance with recognized and established insurance practices;

(5) Establish, and from time to time modify, the premium rates to be charged for the various risks;

(6) Specify the form for insurance policies and other forms required for the purposes of this subchapter;

(7) (A) Purchase insurance in compliance with all state purchasing laws from insurance companies authorized to do business in this state in keeping with recognized principles of good risk management. (B) The director shall prescribe, from time to time, rules for placing and handling the insurance;

(A) Purchase insurance in compliance with all state purchasing laws from insurance companies authorized to do business in this state in keeping with recognized principles of good risk management.

(B) The director shall prescribe, from time to time, rules for placing and handling the insurance;

(8) Employ necessary adjusters, engineers, appraisers, and other personnel required in the administration of this subchapter;

(9) Engage in a program of prevention loss control to assist the various public schools in improving and minimizing potential insurance losses;

(10) Perform all additional powers and duties necessary to maintain sound insurance underwriting practices recognized by good risk management;

(11) Periodically review the status of the fund and the adequacy of insurance premium rates and compare these rates with rates for comparable risks for private insurance companies;

(12) Confer with superintendents and boards of directors of school districts, the governing boards of education service cooperatives, and open-enrollment public charter schools concerning insurance practices of the various school districts, education service cooperatives, and open-enrollment public charter schools;

(13) Promulgate rules for the administration of the state public school insurance program; and

(14) Perform other duties that will expedite the operation of the Public Elementary and Secondary School Insurance Program.

Amended by Act 2019, No. 315,§ 289, eff. 7/24/2019.

Acts 1973, No. 380, §§ 3, 5, 6; A.S.A. 1947, §§ 80-3511, 80-3513, 80-3514; Acts 2003 (2nd Ex. Sess.), No. 78, § 4; 2007, No. 617, § 15; 2007, No. 738, § 1.
Ark. Code Ann. § 6-14-111 — AR Code / Title 6 / Chapter 14 / Section 6-14-111
Candidate filing procedures
Status: in_force

(a) (1) All candidate filings under this subchapter shall be with the county clerk of the county in which the school district is domiciled for administrative purposes. (2) (A) (i) In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes. (ii) However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election. (B) When a county clerk of a school district's nondomicile county becomes aware that a special election will be held on the same date as a school district's annual or special school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, the county clerk of the nondomicile county shall immediately notify the county clerk of the county in which the school district is domiciled for administrative purposes in writing that the school district's school election shall be conducted under subdivision (a)(3) of this section. (C) The county clerk of the county in which the school district is domiciled for administrative purposes shall then immediately notify the county clerks of any other nondomicile counties that the school district's election will be conducted under subdivision (a)(3) of this section. (3) In a school election held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the electors reside. (b) The county board of election commissioners shall prepare and furnish ballots and all other necessary supplies for the annual school election. (c) A candidate for a position on the board of directors of a school district may qualify for the ballot by filing a political practices pledge, an affidavit of eligibility, and a petition. (d) (1) The petition shall be directed to the county clerk and shall contain the names of at least twenty (20) registered voters who are residents of the school district and, if applicable, the electoral zone for the position. (2) The petition shall: (A) State the name and title of the candidate that the candidate proposes to appear on the ballot; and (B) Identify the position sought, including without limitation the position number or other identifying information if applicable. (e) (1) The petition, affidavit of eligibility, and the candidate's political practices pledge shall be filed with the county clerk as follows: (A) (i) For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and (ii) For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or (B) During a one-week period ending at 12:00 noon ninety (90) days before a school election held in November. (2) (A) The county clerk shall not accept a candidate's petition until the county clerk has verified that: (i) The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and (ii) The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election. (B) The county clerk shall reject a petition that does not comply with subdivision (e)(2)(A) of this section. (C) The county clerk shall inform the candidate: (i) That the candidate's petition was accepted or rejected; and (ii) If the candidate's petition was rejected, the reason for the rejection. (f) (1) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (e)(1) of this section. (2) A signature dated more than ninety (90) days before the filing deadline under subdivision (e)(1) of this section shall not be counted by the county clerk as a valid signature. (g) [Repealed.] (h) (1) The county board of election commissioners shall place on the ballot as candidates for school district director the names of any qualified registered voters whose political practices pledges and affidavits of eligibility have been filed and whose petitions have been filed with and verified by the county clerk of the county in which the school district is domiciled for administrative purposes. (2) The county board of election commissioners shall not place the name of an unopposed candidate for school district director on the ballot during a school board election held concurrently with the preferential primary election or general election. (i) The school district shall file the language required to submit the rate of tax for the school district to the voters during the annual school election with the county clerk of the county in which the school district is domiciled for administrative purposes as soon as that language becomes available but no later than seventy-two (72) days before the annual school election, except in years in which the President of the United States shall appear on the ballot at the general election, and then the school district shall file the language with the county clerk eighty-nine (89) days before the annual school election. (j) On the day after the deadline for candidates to file for a position on the board of directors by petition, the county clerk of the county in which the school district is domiciled for administrative purposes shall certify to the county board of election commissioners the names of those candidates who are registered voters in the school district and the electoral zone, if applicable, and who have qualified for the ballot by petition. (k) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot at the public meeting of the county board of election commissioners held not later than: (1) The deadline to conduct the ballot draw for the preferential primary or general election for an annual school election held in even-numbered years; (2) The seventh day of March for an annual school election held on the second Tuesday in May of an odd-numbered year; and (3) Seventy-two (72) days before an annual school election held on the second Tuesday of November of an odd-numbered year. (l) When a candidate has identified the position sought on the petition, the candidate shall not be allowed to change the position on that petition but may withdraw a petition and file a new petition designating a different position before the deadline for filing. Amended by Act 2023, No. 721,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 276,§ 1, eff. 3/13/2023. Amended by Act 2021, No. 610,§ 3, eff. 1/1/2022. Amended by Act 2021, No. 448,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 349,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 552,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 552,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 597,§ 2, eff. 7/1/2019. Amended by Act 2019, No. 597,§ 4, eff. 7/1/2019. Amended by Act 2019, No. 597,§ 3, eff. 7/1/2019. Amended by Act 2017, No. 910,§ 3, eff. 1/1/2018. Amended by Act 2017, No. 586,§ 2, eff. 8/1/2017. Acts 1969, No. 70, § 1; A.S.A. 1947, § 80-308; Acts 1991, No. 294, § 1; 1997, No. 443, § 2; 1999, No. 1078, § 51; 2001, No. 994, § 1; 2003, No. 1473, § 4; 2005, No. 1174, § 5; 2007, No. 1049, § 5; 2009, No. 1480, § 4; 2011, No. 1185, § 1.

(a) (1) All candidate filings under this subchapter shall be with the county clerk of the county in which the school district is domiciled for administrative purposes. (2) (A) (i) In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes. (ii) However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election. (B) When a county clerk of a school district's nondomicile county becomes aware that a special election will be held on the same date as a school district's annual or special school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, the county clerk of the nondomicile county shall immediately notify the county clerk of the county in which the school district is domiciled for administrative purposes in writing that the school district's school election shall be conducted under subdivision (a)(3) of this section. (C) The county clerk of the county in which the school district is domiciled for administrative purposes shall then immediately notify the county clerks of any other nondomicile counties that the school district's election will be conducted under subdivision (a)(3) of this section. (3) In a school election held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the electors reside.

(1) All candidate filings under this subchapter shall be with the county clerk of the county in which the school district is domiciled for administrative purposes.

(2) (A) (i) In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes. (ii) However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election. (B) When a county clerk of a school district's nondomicile county becomes aware that a special election will be held on the same date as a school district's annual or special school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, the county clerk of the nondomicile county shall immediately notify the county clerk of the county in which the school district is domiciled for administrative purposes in writing that the school district's school election shall be conducted under subdivision (a)(3) of this section. (C) The county clerk of the county in which the school district is domiciled for administrative purposes shall then immediately notify the county clerks of any other nondomicile counties that the school district's election will be conducted under subdivision (a)(3) of this section.

(A) (i) In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes. (ii) However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election.

(i) In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes.

(ii) However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election.

(B) When a county clerk of a school district's nondomicile county becomes aware that a special election will be held on the same date as a school district's annual or special school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, the county clerk of the nondomicile county shall immediately notify the county clerk of the county in which the school district is domiciled for administrative purposes in writing that the school district's school election shall be conducted under subdivision (a)(3) of this section.

(C) The county clerk of the county in which the school district is domiciled for administrative purposes shall then immediately notify the county clerks of any other nondomicile counties that the school district's election will be conducted under subdivision (a)(3) of this section.

(3) In a school election held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the electors reside.

(b) The county board of election commissioners shall prepare and furnish ballots and all other necessary supplies for the annual school election.

(c) A candidate for a position on the board of directors of a school district may qualify for the ballot by filing a political practices pledge, an affidavit of eligibility, and a petition.

(d) (1) The petition shall be directed to the county clerk and shall contain the names of at least twenty (20) registered voters who are residents of the school district and, if applicable, the electoral zone for the position. (2) The petition shall: (A) State the name and title of the candidate that the candidate proposes to appear on the ballot; and (B) Identify the position sought, including without limitation the position number or other identifying information if applicable.

(1) The petition shall be directed to the county clerk and shall contain the names of at least twenty (20) registered voters who are residents of the school district and, if applicable, the electoral zone for the position.

(2) The petition shall: (A) State the name and title of the candidate that the candidate proposes to appear on the ballot; and (B) Identify the position sought, including without limitation the position number or other identifying information if applicable.

(A) State the name and title of the candidate that the candidate proposes to appear on the ballot; and

(B) Identify the position sought, including without limitation the position number or other identifying information if applicable.

(e) (1) The petition, affidavit of eligibility, and the candidate's political practices pledge shall be filed with the county clerk as follows: (A) (i) For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and (ii) For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or (B) During a one-week period ending at 12:00 noon ninety (90) days before a school election held in November. (2) (A) The county clerk shall not accept a candidate's petition until the county clerk has verified that: (i) The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and (ii) The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election. (B) The county clerk shall reject a petition that does not comply with subdivision (e)(2)(A) of this section. (C) The county clerk shall inform the candidate: (i) That the candidate's petition was accepted or rejected; and (ii) If the candidate's petition was rejected, the reason for the rejection.

(1) The petition, affidavit of eligibility, and the candidate's political practices pledge shall be filed with the county clerk as follows: (A) (i) For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and (ii) For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or (B) During a one-week period ending at 12:00 noon ninety (90) days before a school election held in November.

(A) (i) For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and (ii) For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or

(i) For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and

(ii) For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or

(B) During a one-week period ending at 12:00 noon ninety (90) days before a school election held in November.

(2) (A) The county clerk shall not accept a candidate's petition until the county clerk has verified that: (i) The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and (ii) The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election. (B) The county clerk shall reject a petition that does not comply with subdivision (e)(2)(A) of this section. (C) The county clerk shall inform the candidate: (i) That the candidate's petition was accepted or rejected; and (ii) If the candidate's petition was rejected, the reason for the rejection.

(A) The county clerk shall not accept a candidate's petition until the county clerk has verified that: (i) The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and (ii) The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election.

(i) The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and

(ii) The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election.

(B) The county clerk shall reject a petition that does not comply with subdivision (e)(2)(A) of this section.

(C) The county clerk shall inform the candidate: (i) That the candidate's petition was accepted or rejected; and (ii) If the candidate's petition was rejected, the reason for the rejection.

(i) That the candidate's petition was accepted or rejected; and

(ii) If the candidate's petition was rejected, the reason for the rejection.

(f) (1) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (e)(1) of this section. (2) A signature dated more than ninety (90) days before the filing deadline under subdivision (e)(1) of this section shall not be counted by the county clerk as a valid signature.

(1) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (e)(1) of this section.

(2) A signature dated more than ninety (90) days before the filing deadline under subdivision (e)(1) of this section shall not be counted by the county clerk as a valid signature.

(g) [Repealed.]

(h) (1) The county board of election commissioners shall place on the ballot as candidates for school district director the names of any qualified registered voters whose political practices pledges and affidavits of eligibility have been filed and whose petitions have been filed with and verified by the county clerk of the county in which the school district is domiciled for administrative purposes. (2) The county board of election commissioners shall not place the name of an unopposed candidate for school district director on the ballot during a school board election held concurrently with the preferential primary election or general election.

(1) The county board of election commissioners shall place on the ballot as candidates for school district director the names of any qualified registered voters whose political practices pledges and affidavits of eligibility have been filed and whose petitions have been filed with and verified by the county clerk of the county in which the school district is domiciled for administrative purposes.

(2) The county board of election commissioners shall not place the name of an unopposed candidate for school district director on the ballot during a school board election held concurrently with the preferential primary election or general election.

(i) The school district shall file the language required to submit the rate of tax for the school district to the voters during the annual school election with the county clerk of the county in which the school district is domiciled for administrative purposes as soon as that language becomes available but no later than seventy-two (72) days before the annual school election, except in years in which the President of the United States shall appear on the ballot at the general election, and then the school district shall file the language with the county clerk eighty-nine (89) days before the annual school election.

(j) On the day after the deadline for candidates to file for a position on the board of directors by petition, the county clerk of the county in which the school district is domiciled for administrative purposes shall certify to the county board of election commissioners the names of those candidates who are registered voters in the school district and the electoral zone, if applicable, and who have qualified for the ballot by petition.

(k) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot at the public meeting of the county board of election commissioners held not later than: (1) The deadline to conduct the ballot draw for the preferential primary or general election for an annual school election held in even-numbered years; (2) The seventh day of March for an annual school election held on the second Tuesday in May of an odd-numbered year; and (3) Seventy-two (72) days before an annual school election held on the second Tuesday of November of an odd-numbered year.

(1) The deadline to conduct the ballot draw for the preferential primary or general election for an annual school election held in even-numbered years;

(2) The seventh day of March for an annual school election held on the second Tuesday in May of an odd-numbered year; and

(3) Seventy-two (72) days before an annual school election held on the second Tuesday of November of an odd-numbered year.

(l) When a candidate has identified the position sought on the petition, the candidate shall not be allowed to change the position on that petition but may withdraw a petition and file a new petition designating a different position before the deadline for filing.

Amended by Act 2023, No. 721,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 305,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 305,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 305,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 305,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 276,§ 1, eff. 3/13/2023.

Amended by Act 2021, No. 610,§ 3, eff. 1/1/2022.

Amended by Act 2021, No. 448,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 349,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 552,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 552,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 597,§ 2, eff. 7/1/2019.

Amended by Act 2019, No. 597,§ 4, eff. 7/1/2019.

Amended by Act 2019, No. 597,§ 3, eff. 7/1/2019.

Amended by Act 2017, No. 910,§ 3, eff. 1/1/2018.

Amended by Act 2017, No. 586,§ 2, eff. 8/1/2017.

Acts 1969, No. 70, § 1; A.S.A. 1947, § 80-308; Acts 1991, No. 294, § 1; 1997, No. 443, § 2; 1999, No. 1078, § 51; 2001, No. 994, § 1; 2003, No. 1473, § 4; 2005, No. 1174, § 5; 2007, No. 1049, § 5; 2009, No. 1480, § 4; 2011, No. 1185, § 1.
Ark. Code Ann. § 6-62-1111 — AR Code / Title 6 / Chapter 62 / Subchapter 11 / Section 6-62-1111
Sale of bonds
Status: in_force

(a) The State of Arkansas Higher Education General Obligation Bonds may be sold in the manner, either at private or public sale, and upon terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effectuating the purposes of this subchapter. The bonds may be sold at a price acceptable to the authority, which may include a discount or a premium. (b) If the bonds are to be sold at public sale, the authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made. The authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected. (c) The authority may: (1) Structure the sale of bonds utilizing financing techniques recommended by its professional advisors in order to take advantage of market conditions and may obtain the most favorable interest rates consistent with the purposes of this subchapter; (2) Enter into ancillary agreements in connection with the sale of the bonds that are necessary and advisable, including, without limitation, bond purchase agreements, remarketing agreements, letters of credit, or reimbursement agreements; and (3) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine in compliance with § 15-5-317 . Acts 2005, No. 1282, § 1.

(a) The State of Arkansas Higher Education General Obligation Bonds may be sold in the manner, either at private or public sale, and upon terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effectuating the purposes of this subchapter. The bonds may be sold at a price acceptable to the authority, which may include a discount or a premium.

(b) If the bonds are to be sold at public sale, the authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made. The authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.

(c) The authority may: (1) Structure the sale of bonds utilizing financing techniques recommended by its professional advisors in order to take advantage of market conditions and may obtain the most favorable interest rates consistent with the purposes of this subchapter; (2) Enter into ancillary agreements in connection with the sale of the bonds that are necessary and advisable, including, without limitation, bond purchase agreements, remarketing agreements, letters of credit, or reimbursement agreements; and (3) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine in compliance with § 15-5-317 .

(1) Structure the sale of bonds utilizing financing techniques recommended by its professional advisors in order to take advantage of market conditions and may obtain the most favorable interest rates consistent with the purposes of this subchapter;

(2) Enter into ancillary agreements in connection with the sale of the bonds that are necessary and advisable, including, without limitation, bond purchase agreements, remarketing agreements, letters of credit, or reimbursement agreements; and

(3) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine in compliance with § 15-5-317 .

Acts 2005, No. 1282, § 1.