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 21 - SCHOOL PROPERTY AND SUPPLIES (§§ 6-21-101 — 6-21-817) › Subchapter 8 - ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES PROGRAM ACT (§§ 6-21-801 — 6-21-817) › Section 6-21-803 - Definitions

As used in this subchapter:
(1)
(A)
"Academic facility" means a building or space, including related areas such as the physical plant and grounds, where public school students receive instruction that is an integral part of an adequate education as described in §
6-20-2302
.
(B)
A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in §
6-16-137
shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under §
6-16-132
.
(C)
Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter.
(D)
District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter.
(E)
A leased facility shall not be considered an academic facility for the purpose of this subchapter;
(2)
"Annexation" means the joining of an affected school district or part of the school district with a receiving district under §
6-13-1401
et seq.;
(3)
"Consolidation" means the joining of two (2) or more school districts or parts of the districts to create a new single school district under §
6-13-1401
et seq.;
(4)
"Custodial activities" means routine and renovation cleaning activities related to the daily operations and upkeep of a public school facility, including related supervisory and management activities;
(5)
"Facilities distress status" means a public school district identified by the Division of Public School Academic Facilities and Transportation as being in academic facilities distress status and classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in academic facilities distress status under this subchapter;
(6)
"Facilities improvement plan" means a remedial plan developed by a school district for a public school or school district classified as being in academic facilities distress that supplements the school district's facilities master plan by:
(A)
Identifying specific interventions and actions the public school or school district will undertake in order to correct deficient areas of practice with regard to custodial, maintenance, repair, and renovation activities with regard to academic facilities in the school district; and
(B)
Describing how the school district will remedy those areas in which the school district is experiencing facilities distress, including the designation of the time period by which the school district will correct all deficiencies that placed the school district in facilities distress status;
(7)
"Facilities master plan" means a six-year plan developed by a school district that contains:
(A)
Enrollment projections for ten (10) years from the date of the plan;
(B)
The school district's strategy for maintaining, repairing, renovating, and improving through new construction or otherwise the school district's academic facilities and equipment; and
(C)
Other information as required by law;
(8)
"Foundation funding" means the same as in §
6-20-2303
;
(9)
"Local resources" means any moneys lawfully generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the division;
(10)
"Maintenance, repair, and renovation" means any activity or improvement to a public school facility that maintains, conserves, or protects the state, condition, or efficiency of the public school facility;
(11)
(A)
"New construction" means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state, condition, or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency.
(B)
"New construction" includes a new addition to an existing academic facility and construction of a new academic facility;
(12)
"Project" means an undertaking in which a school district engages in:
(A)
Maintenance, repair, and renovation activities with regard to an academic facility;
(B)
New construction of an academic facility; or
(C)
Any combination of maintenance, repair, and renovation activities with regard to an academic facility and new construction activities with regard to an academic facility;
(13)
"Public school facility" means any public school building or space, including related areas such as the physical plant and grounds, that is used for any purpose, including, without limitation:
(A)
An extracurricular activity;
(B)
An organized physical activity course as defined in §
6-16-137
;
(C)
Prekindergarten education;
(D)
District administration; or
(E)
Delivery of instruction to public school students that is an integral part of an adequate education as described in §
6-20-2302
;
(14)
"Reconstitution" means the reorganization of the administrative unit or the governing board of directors of a school district, including, but not limited to, the replacement or removal of a current superintendent or the removal or replacement of a current school district board of directors, or both;
(15)
"School district" means a geographic area that:
(A)
Is governed by an elected board of directors that conducts the daily affairs of public schools under the supervisory authority vested in it by the General Assembly and §
6-13-101
et seq.; and
(B)
Qualifies as a taxing unit for purposes of ad valorem property taxes under Arkansas Constitution, Article 14, § 3;
(16)
"Space utilization" means the number of gross square feet per student in an academic facility adjusted for academic program, school enrollment, grade configuration, and type of public school in accordance with rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation; and
(17)
"Unused or underutilized public school facility" means a public school facility or other real property that:
(A)
As a whole or in a significant portion, is not being used for a public educational, academic, extracurricular, or administrative purpose and the nonuse or underutilization threatens the integrity or purpose of the public school facility or other real property as a public education facility; and
(B)
As of August 1, 2017, is not subject to:
(i)
A lease to a third party for fair market value; or
(ii)
An executed offer to purchase by a third party for fair market value.
Amended by Act 2017, No. 542,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 600,§ 17, eff. 4/4/2013.
Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 4; 2007, No. 827, § 116; 2009, No. 1473, § 19; 2011, No. 1006, §§ 8-10.