Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 01 - Division of Fiscal and Administrative Services
Rule 005.01.12-010 - ADE 221: Rules Governing the Closure of Isolated Schools
Universal Citation: AR Admin Rules 005.01.12-010
Current through Register Vol. 49, No. 9, September, 2024
1.00 PURPOSE
1.01 These rules shall be
known as the Arkansas Department of Education Rules Governing the Closure of
Isolated Schools.
2.00 AUTHORITY
2.01 The State Board
of Education enacted these rules pursuant to Ark. Code Ann. §§
6-11-105,
6-13-1603,
6-20-602 and
25-15-201 et
seq.
3.00 DEFINITIONS
3.01 "Affected district"
means a school district that:
3.01.1 Loses
territory or students as a result of an administrative annexation; or
3.01.2 Is involved in an administrative
consolidation.
3.02
"Closure" means the cessation of use of an isolated school for the purpose of
daily classroom instruction.
3.03
"Isolated school" means a school within a school district that:
3.03.1 Prior to administrative consolidation
or annexation under Ark. Code Ann. §
6-13-1601 et seq. qualified as an
isolated school district under Ark. Code Ann. §
6-20-601; and
3.03.2 Is subject to administrative
consolidation under Ark. Code Ann. §
6-13-1601 et seq.
3.04 "Partial closure" means the
cessation of daily classroom instruction in one or more grade levels of an
isolated school. This definition does not include the cessation of daily
classroom instruction in classrooms within a particular grade level.
3.05 "Receiving district" means a school
district or districts that receive territory or students, or both, from an
affected district as a result of an administrative annexation; and
3.06 "Resulting district" means the new
school district created from an affected district or districts as a result of
an administrative consolidation.
4.00 CLOSING OF ISOLATED SCHOOLS
4.01 Any isolated school within
a resulting or receiving district shall remain open unless the school board of
directors of the resulting or receiving district adopts a motion to close the
isolated school or parts thereof by:
4.01.1
Unanimous vote of the full board of directors; or
4.01.2 A majority vote of the full board of
directors, but less than a unanimous vote, and the motion is considered by and
approved by a majority vote of members of the State Board of Education (State
Board).
4.02 Any school
board of directors seeking the state board approval to close isolated schools
or parts thereof under subdivision 4.01.2 of these rules shall:
4.02.1 No less than thirty (30) days prior to
a regularly scheduled State Board meeting, request a hearing on the matter
before the State Board and file a petition to have the motion reviewed and
approved by the State Board.
4.02.2
The petition shall:
4.02.2.1 Identify the
specific isolated schools or part thereof that the local board of directors has
moved to close;
4.02.2.2 State all
reasons that the isolated schools or part thereof should be closed;
4.02.2.3 State how the closure will serve the
best interests of the students in the district as a whole;
4.02.2.4 State if the closure will have any
negative impact on desegregation efforts or violate any valid court order from
a court of proper jurisdiction; and
4.02.2.5 Have attached a copy of the final
motion approving the closure by the local board of directors.
4.03 Upon receiving a
petition for approval of a motion to close all or part of an isolated school
under subdivisions 4.01.2 and 4.02 of these rules, the State Board shall have
the authority to review and approve or disapprove the petition.
4.04 The State Board shall only approve a
motion to close isolated schools or parts thereof under subdivisions 4.01.2 and
4.02 of these rules if the closure is in the best interest of the students in
the school district as a whole.
4.05 The State Board shall not close a school
if the State Board finds that the closure will have any negative impact on
desegregation efforts or will violate any valid court order from a court of
proper jurisdiction.
4.06 Except
under subsection 4.07 of these rules, the State Board shall not require the
closure of all or part of an isolated school without a motion from the local
board of directors as required under subdivisions 4.01.2 and 4.02 of these
rules.
4.07 Ark. Code Ann. §
6-20-602 and these rules shall not
be construed to restrict the authority of the Department of Education and the
State Board otherwise granted by law.
4.08 Funding for isolated school districts
shall be expended by the resulting or receiving district only on the operation,
maintenance, and other expenses of the isolated schools within the resulting or
receiving district.
5.00 STATE BOARD HEARING PROCEDURES - CLOSURE OF ISOLATED SCHOOLS
5.01 All persons wishing to testify before
the State Board shall first be placed under oath by the Chairperson of the
State Board.
5.02 The
spokesperson(s) for the petitioning school district shall have a total of
fifteen (15) minutes to present the school district's remarks. The State Board
may allow more than fifteen (15) minutes if necessary.
5.03 The spokesperson(s) for any individual
or group of citizens that opposes the petition shall have a total of fifteen
(15) minutes to present the remarks of the individual or group of citizens. The
State Board may allow more than fifteen (15) minutes if necessary.
5.04 The spokesperson(s) for the petitioning
school district shall have a total of five (5) minutes to present closing
remarks to the State Board. The State Board may allow more than five (5)
minutes if necessary.
5.05 The
State Board shall then discuss, deliberate and vote upon the matter of
approving or denying the school district's petition.
5.06 If it deems necessary, the State Board
may take the matter under advisement and announce its decision at a later date,
provided that all discussions, deliberations and votes upon the matter take
place in a public hearing.
5.07 The
State Board shall issue a written order concerning the
matter.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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