Arkansas Administrative Code › Agency 005 - DEPARTMENT OF EDUCATION › Division 28 - Division of Elementary and Secondary Education › Rule 005.28.19-015 - Rules Governing the Academic Facilities Distress Program

Current through Register Vol. 49, No. 6, June, 2024
COMMISSION FOR ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES
				AND TRANSPORTATION RULES GOVERNING THE ACADEMIC FACILITIES DISTRESS
				PROGRAM
Effective: December 30, 2019
1.00 AUTHORITY
The Commission for Public School Academic Facilities and
				Transportation's authority for promulgating these Rules is pursuant to Ark.
				Code Ann. §§ 6-21-114, 6-21-804, 6-21-811, 6-21-812, 25-15-201 et
				seq., and Act 933 of 2019.
2.00
			 PURPOSE
The purpose of these Rules is to establish how the Arkansas
				Division of Public School Academic Facilities and Transportation (Division) and
				Commission for Arkansas Public School Academic Facilities and Transportation
				will evaluate, assess, identify, and address those school districts in academic
				facilities distress.
3.00
			 DEFINITIONS
For the purposes of these Rules, the following terms
				mean:
3.01 "Commission" - The
			 Commission for Arkansas Public School Academic Facilities and
			 Transportation.
3.02 "Commissioner"
			 - The Commissioner of Elementary and Secondary Education.
3.03 "Division" - The Arkansas Division of
			 Public School Academic Facilities and Transportation.
3.04 "Facilities Distress Status" - A public
			 school or school district classified by the Commission as being in academic
			 facilities distress pursuant to Ark. Code Ann. § 6-21-811.
3.05 "Facilities Improvement Plan" - An
			 improvement plan developed by a school district for a public school or school
			 district as a result of having been classified as being in academic facilities
			 distress that supplements the district's facilities master plan by:
3.05.1 Identifying specific interventions and
			 actions the public school or school district will undertake in order to correct
			 deficient areas of practice with regard to custodial, maintenance, repair, and
			 renovation activities in the school district; and
3.05.2 Describing how the school district
			 will remedy those areas in which the school district is experiencing facilities
			 distress, including the designation of the time period by which the school
			 district will correct all deficiencies that placed the school district in
			 facilities distress status.
3.06 "Material Failure" - An act so
			 significant as to jeopardize any academic facility used by a public school or
			 school district or any other condition of an academic facility or facilities in
			 a public school or school district that is determined by the Division to have a
			 detrimental impact on educational services provided by that public school or
			 school district.
3.07 "Nonmaterial
			 Failure" - An act such that the failure to immediately intervene and correct
			 the act or remedy the cause of the act could develop into a material
			 failure.
3.08 "Reconstitution" -
			 The reorganization of the administrative unit or the governing school board of
			 a school district, including, but not limited to, the replacement or removal of
			 a current superintendent or the removal or replacement of a current school
			 board or both.
3.09 "School
			 District" - A geographic area with an elected board of directors that qualifies
			 as a taxing unit for purposes of ad valorem property taxes under Title 26 of
			 the Arkansas Code and which board conducts the daily affairs of public schools
			 under the supervisory authority vested in it by the General Assembly and Title
			 6 of the Arkansas Code.
3.10
			 "School District Systems" - The operations and procedures that occur within a
			 public school district, including without limitation:
3.10.1 Academics;
3.10.2 Facilities and
			 Transportation;
3.10.3 Human
			 Capital;
3.10.4 District Operations
			 and Fiscal Governance;
3.10.5
			 Student Support Services; and
3.10.6 Stakeholder Communication/Family and
			 Community Engagement.
3.11 "State Board" - The Arkansas State Board
			 of Education.