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 6-13-1603 - Administrative reorganization

(a)
(1)
A school district 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 may voluntarily agree to administratively consolidate with or be annexed to another school district or districts in accordance with the requirements and limitations of this section.
(2)
(A)
A school district 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 choosing to voluntarily administratively consolidate or annex shall:
(i)
Submit a petition for approval to the State Board of Education by March 1; and
(ii)
Set forth the terms of the administrative consolidation or annexation agreement in the petition.
(B)
If the petition is approved by the state board, the administrative consolidation or annexation shall be completed by May 1, to be effective July 1.
(3)
The state board shall promptly consider petitions submitted by school districts under subdivision (a)(2) of this section to administratively consolidate in order to enable the affected districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1.
(4)
The state board shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless:
(A)
The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or
(B)
The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district.
(b)
[Repealed.]
(c)
All administrative consolidations or annexations under this section shall be accomplished so as not to create a school district that hampers, delays, or in any manner negatively affects the desegregation of another school district in this state.
(d)
In the administratively consolidated or annexed school districts created under this subchapter, the ad valorem tax rate shall be determined as set forth under §
6-13-1409
.
(e)
Nothing in this section shall be construed to require the closing of any school or school facility.
(f)
No administratively consolidated or annexed district shall have more than one (1) superintendent.
(g)
Any school district not designated as being in academic or fiscal distress for the current school year and previous two (2) school years that administratively receives by consolidation or annexation a school district designated by the state board as being in academic or fiscal distress at the time of consolidation or annexation shall not be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of consolidation unless:
(1)
The school district fails to meet minimum teacher salary requirements; or
(2)
The school district fails to comply with the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the Division of Elementary and Secondary Education.
(h)
Noncontiguous school districts may voluntarily consolidate if the facilities and physical plant of each school district:
(1)
Are within the same county, and the state board approves the administrative consolidation; or
(2)
Are not within the same county, and the state board approves the administrative consolidation or administrative annexation and finds that:
(A)
The administrative consolidation or administrative annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or
(B)
The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.
(i)
Contiguous school districts may administratively consolidate even if they are not in the same county.
(j)
The state board shall promulgate rules to facilitate the administration of this subchapter.
(k)
The provisions of §§
6-13-1415
-
6-13-1417
shall govern the board of directors of each resulting district or receiving district created under this subchapter.
Amended by Act 2023, No. 461,§ 4, eff. 8/1/2023.
Amended by Act 2023, No. 461,§ 3, eff. 8/1/2023.
Amended by Act 2023, No. 461,§ 2, eff. 8/1/2023.
Amended by Act 2023, No. 543,§ 1, eff. 4/11/2023.
Amended by Act 2019, No. 910,§ 1171, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 1170, eff. 7/1/2019.
Amended by Act 2015, No. 377,§ 1, eff. 3/11/2015.
Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 1397, § 1; 2005, No. 1962, § 9; 2005, No. 2151, § 23; 2011, No. 1217, § 5.