Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 13 - SCHOOL DISTRICTS (§§ 6-13-101 — 6-13-1707) › Subchapter 16 - PUBLIC EDUCATION REORGANIZATION ACT (§§ 6-13-1601 — 6-13-1613) › Section 6-13-1610 - Financial relief for debts acquired as a result of involuntary consolidations - Definitions

(a)
As used in this section:
(1)
"Accounts payable" means a debt owed by a school district on June 30 immediately before administrative consolidation, excluding bonded indebtedness or other long-term debt;
(2)
"Available funding" means funds that are available to a school district for paying accounts payable or are reasonably expected to be collected and available for payment of accounts payable;
(3)
"Excess accounts payable" means accounts payable of an Act 60 school district that exceed available funding; and
(4)
"Improper expenditure exceptions" means an erroneous expenditure of federal or state funds that is noted as an audit exception and has been determined by the Division of Elementary and Secondary Education to require an expenditure of funds by the resulting district to be correct.
(b)
If on July 1, 2004, or thereafter, the State Board of Education required an involuntary administrative consolidation under §
6-13-1603(a)(3)
and the resulting district assumed excess accounts payable or improper expenditure exceptions incurred by the Act 60 school district before the July 1 administrative consolidation date that would have caused deficit spending if paid from the funds of the Act 60 school district, the division shall provide supplemental funding to the resulting district.
(c)
(1)
The amount of the supplemental funding provided under subsection (b) of this section shall be equal to the amount of the excess accounts payable and improper expenditure exceptions assumed by the resulting district.
(2)
(A)
The amount of accounts payable, excess accounts payable, improper expenditure exceptions, and available funding shall be determined by the division based on information provided in a final audit and other verifiable fiscal information available to the division.
(B)
The audit of an Act 60 school district required under this section shall be completed within the time under §
6-20-1801(d)
for school districts in fiscal distress.
(3)
No supplemental funding shall be paid under this section until after completion of a final audit by Arkansas Legislative Audit or a private certified public accountant that may conduct school district audits under §
6-20-1801
.
(d)
(1)
By January 1 of each year, the division shall:
(A)
Have authority to oversee all fiscal and accounting-related matters of all school districts on the consolidation list; and
(B)
Require school districts with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year to have accurate records necessary to close all books within sixty (60) days of the end of the fiscal year.
(2)
No contract or other debt obligation incurred by a school district for which the division has oversight authority under this section shall be valid or enforceable against a resulting district unless the contract or other debt obligation is preapproved in writing by the Commissioner of Elementary and Secondary Education or his or her designee.
Amended by Act 2023, No. 461,§ 8, eff. 8/1/2023.
Amended by Act 2023, No. 461,§ 7, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 1176, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1175, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1174, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1173, eff. 7/1/2019.
Acts 2005, No. 2230, § 1.