Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.14-004 - Rules Governing Consolidation and Annexation of School Districts
Universal Citation: AR Admin Rules 005.23.14-004
Current through Register Vol. 49, No. 9, September, 2024
1.00 PURPOSE
1.01 The purpose of these
rules is to establish the requirements and procedures concerning the
consolidation and annexation of school districts; the administrative
consolidation and annexation of school districts; and the distribution of
consolidation/annexation incentive funding.
2.00 AUTHORITY
2.01 The State Board of Education (State
Board) enacts these rules pursuant to the authority granted by Ark. Code Ann.
§§
6-11-105,
6-13-1401 et seq.,
6-13-1601 et seq.,
25-15-201 et seq., Act 1073 of
2013 and annual appropriations of the Arkansas General
Assembly.
3.00 DEFINITIONS
3.01 "Administrative
annexation" means the joining of an affected school district or a part of the
school district with a receiving school district;
3.02 "Administrative consolidation" means the
joining of two (2) or more school districts to create a new single school
district with one (1) administrative unit and one (1) board of directors that
is not required to close school facilities;
3.03 "Affected district" means a school
district that:
3.03.1 Loses territory or
students as a result of annexation or administrative annexation; or
3.03.2 Is involved in a consolidation or
administrative consolidation.
3.04 "Aggrieved district" means the lawfully
constituted and existing board of directors of a school district that gains or
loses territory or students as a result of an annexation, administrative
annexation, consolidation, or administrative consolidation;
3.05 "Annexation" means the joining of an
affected school district or part thereof with a receiving district;
3.06 "Average daily membership (ADM)" has the
same meaning as defined by the Arkansas General Assembly in Ark. Code Ann.
§
6-20-2303.
3.07 "Consolidation" means the joining of two
(2) or more affected school districts or parts thereof to create a new single
school district;
3.08 "Debt" means
a legal liability, encumbrance or contract, including employment contracts, to
be paid out of future revenues or current reserves of the school
district.
3.09 "Receiving district"
means a school district or districts that receive territory or students, or
both, from an affected district as a result of annexation or administrative
annexation;
3.10 "Resulting
district" means the new school district created from affected districts as a
result of consolidation or administrative consolidation.
Source: Ark. Code Ann. §§ 6-13-1401 and 6-13-1601
4.00 CONSOLIDATION AND ANNEXATION AUTHORITY OF THE STATE BOARD
4.01 There shall not be any consolidation or
annexation of any public school district with any other school district in the
state without the prior consent and approval of the State Board.
Source: Ark. Code Ann. § 6-13-1402
CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS
5.00 CONDITIONS UNDER WHICH THE STATE BOARD OF EDUCATION MAY ANNEX SCHOOL DISTRICTS
5.01 The State Board shall
consider the annexation of an affected school district or districts to a
receiving district or districts under any of the following conditions:
5.01.1 The State Board, after providing
thirty (30) days' written notice to the affected school districts, determines
that annexation is in the best interest of the affected district or districts
and the receiving district based upon failure to meet standards for
accreditation or failure to meet academic, fiscal, or facilities distress
requirements pursuant to The Quality Education Act of 2003, Ark. Code Ann.
§
6-15-201 et seq., the Arkansas
Comprehensive Testing, Assessment, and Accountability Program Act, Ark. Code
Ann. §
6-15-401 et seq., the Arkansas
Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the Arkansas
Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
5.01.2 The affected district or districts
file a petition with the State Board requesting annexation to a particular
receiving district or districts, and a copy of the petition is filed with the
county clerk's office of each county where the affected district or districts
are located;
5.01.2.1 The county clerk's
office of each county where the affected district or districts are located
certifies in writing that the petition has been signed by a majority of the
qualified electors of the affected district or districts; and
5.01.2.2 The receiving district or districts
provide to the State Board written proof of consent to receive the affected
district or districts by annexation as evidenced by either a vote to approve
annexation by resolution by a majority of the members of the local receiving
board of education or by a vote to approve annexation by a majority of the
qualified electors of the receiving district as provided for in Ark. Code Ann.
§
6-14-122;
5.01.3 A majority of the qualified electors
in the affected district or districts vote to approve the annexation of an
affected school district or districts to a receiving district or districts as
provided for in Ark. Code Ann. §
6-14-122; and
5.01.3.1 The receiving district or districts
provide to the State Board written proof of consent to receive the affected
district or districts by annexation as evidenced by either a vote to approve
annexation by resolution by a majority of the members of the local receiving
board of education or by a vote to approve annexation by a majority of the
qualified electors of the receiving district as provided in Ark. Code Ann.
§
6-14-122; or
5.01.4 The local board of education of the
affected district or districts votes to approve by resolution the annexation of
the affected district or districts to a receiving district or districts by a
majority of the members of the local board of education of the affected
district or districts; and
5.01.4.1 The
receiving district or districts provide to the State Board written proof of
consent to receive the affected district or districts by annexation as
evidenced by either a vote to approve annexation by resolution by a majority of
the members of the local receiving board of education or by a vote to approve
annexation by a majority of the qualified electors of the receiving districts
as provided for in Ark. Code Ann. §
6-14-122.
5.02 The State Board may vote to
approve, by a majority of a quorum present of the members of the State Board,
the annexation of the affected districts into a receiving district:
5.02.1 The State Board, after providing
thirty (30) days written notice to the affected districts, may on its own
motion based on a school district's failure to meet standards for accreditation
or failure to meet academic, fiscal, or facilities distress requirements
pursuant to The Quality Education Act of 2003, Ark. Code Ann. §
6-15-201 et seq., the Arkansas
Comprehensive Testing, Assessment, and Accountability Program Act, Ark. Code
Ann. §
6-15-401 et seq., the Arkansas
Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the Arkansas
Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.; or
5.02.2 Upon receipt of a valid petition for
annexation and after receiving proof from the petitioning party of at least one
(1) of the required conditions set forth in Ark. Code Ann. §
6-13-1403(a) and
Section 5.01 of these rules, and upon receipt of proof of the issuance of
public notice of the intent to annex affected districts into a receiving
district or districts in the local newspapers of general circulation in the
affected districts for a time period of no less than one (1) time a week for
two (2) consecutive weeks immediately prior to the time the petition is filed
with the State Board.
5.03 In order for the petition for annexation
to be valid, it shall be filed with the State Board at least thirty (30) days
prior to the next regularly scheduled State Board meeting, at which time the
petition will be presented for hearing before the State Board. However, no
petition is required for the State Board to annex a school district or
districts upon a motion of the State Board as allowed in Ark. Code Ann. §
6-13-1403(b) and
Section 5.02 of these rules.
5.04
Upon determination by the State Board to annex a school district or approval of
a petition requesting annexation, the State Board shall issue an order
dissolving the affected district or districts and establishing the receiving
district or districts.
5.04.1 The State Board
shall issue an order establishing the boundary lines of the receiving district
or districts.
5.04.2 It shall be
the duty of the Department of Education to make changes in the maps of the
school districts to properly show the boundary lines of the receiving district
or districts.
5.05 The
State Board shall:
5.05.1 Issue an order
establishing the changed boundaries; and
5.05.2 File the order with the:
5.05.2.1 County clerk of each county that
contains school district territory of each affected or receiving
district;
5.05.2.2 Secretary of
State; and
5.05.2.3 Arkansas
Geographic Information Office.
5.05.3 The county clerk shall make a
permanent record of the order.
5.05.4 A consolidation or annexation order
filed with the Secretary of State and the Arkansas Geographic Information
Office shall include a digital map showing the boundaries of the resulting
district or receiving district in a format prescribed by the Arkansas
Geographic Information Office.
5.05.5 The boundaries established by the
State Board pursuant to Ark. Code Ann. §
6-13-1403(e) and
Section 5.05 of these rules shall be the boundaries of the receiving district
or districts until changes are made according to the provisions of
law.
5.06 The State
Board shall not annex affected districts into a receiving district or districts
that are not geographically contiguous unless the following limited conditions
are determined to be valid reasons for annexation:
5.06.1 The annexation will result in the
overall improvement in the educational benefit to students in all the school
districts involved; or
5.06.2 The
annexation will provide a significant advantage in transportation costs or
service to all the school districts involved.
Source: Ark. Code Ann. §§ 6-13-1403, 6-13-1415, & 6-13-1416
6.00 CONDITIONS UNDER WHICH THE STATE BOARD OF EDUCATION MAY CONSOLIDATE SCHOOL DISTRICTS
6.01 The State Board shall
consider the consolidation of affected districts into a new resulting district
or districts under the following conditions:
6.01.1 The State Board, after providing
thirty (30) days' written notice to the affected school districts, determines
consolidation is in the best interest of the affected districts based upon
failure to meet standards for accreditation or academic, fiscal, or facilities
distress requirements pursuant to The Quality Education Act of 2003, Ark. Code
Ann. §
6-15-201 et seq., the Arkansas
Comprehensive Testing, Assessment, and Accountability Program Act, Ark. Code
Ann. §
6-15-401 et seq., the Arkansas
Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the Arkansas
Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.; or
6.01.2 The affected districts file a petition
with the State Board requesting that the affected districts be consolidated
into a resulting district or districts;
6.01.2.1 A copy of the petition has been
filed with the county clerk's office of each county where the affected
districts are located;
6.01.2.2 The
county clerk's office certifies in writing to the State Board that the petition
has been signed by a majority of the qualified electors of the affected
districts;
6.01.2.3 A majority of
the qualified electors in the affected districts votes to approve consolidation
of the affected districts into a resulting district or districts pursuant to a
valid election as provided in Ark. Code Ann. §
6-14-122; and
6.01.2.4 The local board of directors votes
to approve by resolution of a majority of the members of each local board of
education the consolidation of the affected districts into a resulting district
or districts.
6.02 The State Board:
6.02.1 After providing thirty (30) days
written notice to the affected districts, may consolidate school districts upon
its own motion based upon a school district's failure to meet standards for
accreditation or academic, fiscal, or facilities distress requirements pursuant
to The Quality Education Act of 2003, Ark. Code Ann. §
6-15-201 et seq., the Arkansas
Comprehensive Testing, Assessment, and Accountability Program Act, Ark. Code
Ann. §
6-15-401 et seq., the Arkansas
Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the Arkansas
Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.; or
6.02.2 May vote to approve by a majority of a
quorum present of the members of the State Board the consolidation of the
affected districts into a resulting district or districts upon receipt of a
valid petition for consolidation after receiving proof from the petitioning
party of at least one (1) of the required conditions set forth in Ark. Code
Ann. §
6-13-1404(a) and
Section 6.01 of these rules, and upon receipt of proof of the issuance of
public notice of the intent to consolidate affected districts into a resulting
district or districts in the local newspapers of general circulation in the
affected districts for a time period of no less than one (1) time a week for
two (2) consecutive weeks immediately prior to the time the petition is filed
with the State Board.
6.03 In order for the petition for
consolidation to be valid, it shall be filed with the State Board at least
thirty (30) days prior to the next regularly scheduled State Board meeting, at
which time the petition will be presented for hearing before the State Board.
However, no petition is required for the State Board to consolidate a school
district or districts on a motion of the State Board as allowed Ark. Code Ann.
§
6-13-1404(b) and
Section 6.02 of these rules.
6.04
Upon consolidation of a school district by the State Board or approval of a
petition requesting consolidation, the State Board shall issue an order
dissolving the affected districts and establishing the resulting district or
districts.
6.04.1 The State Board shall issue
an order establishing the boundary lines of the resulting district or
districts.
6.04.2 It shall be the
duty of the Department of Education to make changes in the maps of the school
districts to properly show the boundary lines of the resulting district or
districts.
6.05 The
State Board shall:
6.05.1 Issue an order
establishing the changed boundaries; and
6.05.2 File the order with the:
6.05.2.1 County clerk of each county that
contains school district territory of each affected or resulting
district;
6.05.2.2 Secretary of
State; and
6.05.2.3 Arkansas
Geographic Information Office.
6.05.3 The county clerk shall make a
permanent record of the order.
6.05.4 A consolidation or annexation order
filed with the Secretary of State and the Arkansas Geographic Information
Office shall include a digital map showing the boundaries of the resulting
district or receiving district in a format prescribed by the Arkansas
Geographic Information Office.
6.05.5 The boundaries established under this
subsection shall be the boundaries of the resulting district or districts until
changes are made according to the provisions of law.
6.06 The State Board shall not consolidate
affected districts that are not geographically contiguous unless the following
limited conditions are determined to be valid reasons for consolidation:
6.06.1 The consolidation will result in the
overall improvement in the educational benefit to students in all the school
districts involved; or
6.06.2 The
consolidation will provide a significant advantage in transportation costs or
service to all the school districts involved.
Source: Ark. Code Ann. §§ 6-13-1404, 6-13-1415, & 6-13-1416
7.00 RESULTING DISTRICT SUCCESSOR IN INTEREST - WHEN PART OF DISTRICT TAKEN
7.01 Any receiving or resulting district
created under Ark. Code Ann. §
6-13-1407 and Section 7.00 of these
rules shall become the successor in interest to the property of the school
district dissolved, shall become liable for the contracts and debts of such a
school district, and may sue and be sued therefor.
7.02 When territory less than the entire
school district is annexed or consolidated to a school district, the receiving
or resulting district shall take the property of the school district from which
the territory was taken, as the State Board shall deem proper, and shall be
liable for that part of all indebtedness of the school district from which the
territory was taken as shall be assigned to it by the State Board unless
otherwise approved by a majority vote of the affected school district's or
districts' board or boards of directors.
Source: Ark. Code Ann. § 6-13-1407
8.00 ANNEXATION OR CONSOLIDATION NOT TO NEGATIVELY IMPACT STATE-ASSISTED DESEGREGATION
8.01 The State Board shall not order any
annexation or consolidation pursuant to Title 6, Chapter 13, Subchapter 14, or
any other act or any combination of acts which hampers, delays, or in any
manner negatively affects the desegregation efforts of a school district or
districts in this state.
8.02 Prior
to the entry of any order under Title 6, Chapter 13, Subchapter 14, the State
Board shall seek an advisory opinion from the Attorney General concerning the
impact of the proposed annexation or consolidation on the effort of the state
to assist a school district or districts in desegregation of the public schools
of this state.
8.03 Any order of
annexation or consolidation or combination thereof that violates the provisions
of Ark. Code Ann. §
6-13-1408 and Section 8.00 of these
rules shall be null and void.
Source: Ark. Code Ann. § 6-13-1408
9.00 OTHER STATE BOARD OF EDUCATION DUTIES
9.01 The
State Board shall have the following duties regarding consolidations and
annexations:
9.01.1 To form local school
districts, change boundary lines of school districts, dissolve school districts
and annex the territory of those school districts to another school district,
create new school districts, and perform all other functions regarding changes
in school districts in accordance with the law;
9.01.2 To transfer funds and attach territory
that is in no school district to other school districts as may seem best for
the educational welfare of the children; and
9.01.3 To enact rules and regulations
regarding the consolidation and annexation of school districts pursuant to
Title 6 of the Arkansas Code.
9.02 The millage rate of the electors of an
affected district shall remain the same until an election may be held to change
the rate of taxation for the resulting or receiving district or districts.
Source: Ark. Code Ann. § 6-13-1409
10.00
APPEAL AND ELECTION
10.01 Notwithstanding any other provision of
law or rule of the State Board, the decision of the State Board regarding an
administrative consolidation, consolidation, administrative annexation, or
annexation shall be final with no further right of appeal except that only an
aggrieved district may appeal to Pulaski County Circuit Court pursuant to the
Arkansas Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et seq.
Source: Ark. Code Ann. § 6-13-1410
11.00
USE OF FUND
BALANCES
11.01 Unless otherwise
approved by a unanimous vote of the board of directors of the resulting
district, the fund balances of any school district that is consolidated,
annexed, or otherwise reorganized shall be used by the resulting district
solely for the construction of facilities or the operation, maintenance, or
support of the schools that were located in the affected school district from
which the fund balance was derived if any of the facilities of the affected
district from which the fund balance was derived remain open.
11.02 The provisions of Ark. Code Ann. §
6-13-1411 and Section 11.00 of
these rules shall not apply if the consolidation or annexation is because of
the school district's failure to meet standards for accreditation or failure to
meet academic, erfiscal, or facilities distress requirements pursuant to The
Quality Education Act of 2003, Ark. Code Ann. §
6-15-201 et seq., the Arkansas
Comprehensive Testing, Assessment, and Accountability Program Act, Ark. Code
Ann. §
6-15-401 et seq., the Arkansas
Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., or the Arkansas
Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.
Source: Ark. Code Ann. § 6-13-1411
12.00
INVOLUNTARY
ANNEXATION OR CONSOLIDATION - EFFECTIVE DATE -INTERIM BOARD OF DIRECTORS
12.01 Ark. Code Ann. §
6-13-1415 and Section 12.00 of
these rules apply to the involuntary consolidation or involuntary annexation of
a school district made by a motion of the State Board.
12.02 The effective date of an involuntary
consolidation or involuntary annexation of a school district shall be the July
1 after the State Board action unless determined otherwise by the State
Board.
12.03 The State Board shall
establish the terms and conditions of the involuntary consolidation or
involuntary annexation that shall govern the affected districts, resulting
districts, and receiving districts.
12.04 If the State Board determines that a
new permanent board of directors is necessary, the State Board shall prescribe:
12.04.1 The number of members for the new
permanent board of directors of the resulting district or receiving
district;
12.04.2 The manner of
formation of the new permanent board of directors of the resulting district or
receiving district under Ark. Code Ann. §
6-13-1417 and Section 14.00 of
these rules; and
12.04.3 Whether
the new permanent board of directors will be elected at the first or second
school election after the effective date of consolidation or annexation. The
election for the new permanent school board of directors may take place during
the second school election after the effective date of consolidation or
annexation only if the State Board determines that additional time is required
to implement singe-member zoned elections.
12.05 If the State Board determines that an
interim board of directors is necessary, the State Board shall prescribe:
12.05.1 The number of members for the interim
board of directors of the resulting district or receiving district;
12.05.2 The terms of the members of the
interim board of directors of the resulting district or receiving district;
and
12.05.3 The manner of formation
of the interim board of directors of the resulting district or receiving
district. The State Board may:
12.05.3.1
Allow the affected districts and receiving districts thirty (30) days to
establish an interim board of directors to govern the resulting district or
receiving district that consists of either five (5) or seven (7) members
selected from the boards of directors from the affected districts and receiving
districts based on the proportion of the student population of each of the
affected districts and receiving districts before consolidation or
annexation;
12.05.3.2 Appoint an
interim board of directors to govern the resulting or receiving district that
consists of either five (5) or seven (7) members selected from the boards of
directors from the affected districts and receiving districts based on the
proportion of the student population of each of the affected districts and
receiving districts before consolidation or annexation; or
12.05.3.3 Designate the existing board of
directors of one (1) affected district in a consolidation or the existing board
of directors of the receiving district in an annexation as the interim board to
govern the resulting district or receiving district.
12.06 The State Board may
determine that an interim board of directors is not necessary and may order the
existing board of directors of one (1) affected district in a consolidation or
the existing board of directors of the receiving district in an annexation to
remain as the permanent school board of directors.
12.07 An interim board of directors shall
serve until the first school election after the effective date of consolidation
or annexation unless:
12.07.1 Any members of
the permanent board of directors of the resulting district or receiving
district are elected from single-member zones, then the interim board of
directors may serve until the second school election after the effective date
of consolidation or annexation under Ark. Code Ann. §
6-13-1415(d)(l)(C)
and Section 12.04.3 of these rules; or
12.07.2 All the members of the permanent
board of directors of the resulting district or receiving district are elected
at-large, then the State Board may stagger the terms of the interim board of
directors, which shall be determined by lot so that no more than two (2)
members' terms expire during any one (1) year.
12.08 If the State Board allows the local
school districts time to establish an interim board of directors, the board of
directors of each affected district before the consolidation or each affected
district and receiving district before the annexation may determine
independently how to select members of the existing board of directors to serve
on the interim board of directors, subject to approval by the State Board, by:
12.08.1 The voluntary resignation of one (1)
or more members of the existing board of directors;
12.08.2 Selecting one (1) or more members of
the existing board of directors by a majority vote of the school board;
or
12.08.3 Selecting one (1) or
more members of the existing board of directors by a random lot
drawing.
12.09 An
interim board of directors shall be established by May 31 of the year preceding
the effective date of administrative consolidation or administrative annexation
under Ark. Code Ann. §
6-13-1603 if the State Board
determines that an interim board of directors is necessary.
12.10 A consolidation or annexation order
adopted by the State Board shall be filed with the:
12.10.1 County clerk of each county that
contains school district territory of each affected district, receiving
district, or resulting district;
12.10.2 Secretary of State; and
12.10.3 Arkansas Geographic Information
Office.
12.11 A
consolidation or annexation order shall include a map of the boundaries of the
resulting district or receiving district.
12.12 A consolidation or annexation order
filed with the Secretary of State and the Arkansas Geographic Information
Office shall include a digital map showing the boundaries of the resulting
district or receiving district in a format prescribed by the Arkansas
Geographic Information Office.
Source: Ark. Code Ann. § 6-13-1415
13.00
VOLUNTARY
CONSOLIDATION OR ANNEXATION - EFFECTIVE DATE -INTERIM BOARD OF DIRECTORS
13.01 Ark. Code Ann. §
6-13-1416 and Section 13.00 of
these rules apply to any petition for consolidation or annexation of a school
district submitted to the State Board by a school district.
13.02 The effective date of a petition for
consolidation or annexation of a school district shall be the July 1 after the
State Board approves the consolidation or annexation petition unless the State
Board approves an alternative effective date or determines otherwise.
13.03 Each board of directors of an affected
district and receiving district shall enter into a written agreement approved
by the quorum of the members of each board of directors present and executed by
the president and secretary of each school board of directors.
13.03.1 The written agreement may prescribe
the effective date of the annexation of the affected district to the receiving
district or the effective date of the formation of the resulting district from
consolidation of affected districts, subject to approval by the state
board.
13.03.2 The written
agreement may prescribe the number of members of the permanent board of
directors of the resulting district or receiving district and the manner of
formation of the permanent board of directors of the resulting district or
receiving district under Ark. Code Ann. §
6-13-1417 or as allowed by law.
13.03.2.1 If the written agreement prescribes
the formation of a new permanent board of directors, the written agreement
shall specify whether the new permanent board of directors will be elected at
the first or second school election after the effective date of consolidation
or annexation.
13.03.2.2 The
election of a new permanent board of directors may take place during the second
school election after the effective date of consolidation or annexation only if
additional time is necessary to implement single-member zoned
elections.
13.04 The written agreement may prescribe for
the formation of an interim board of directors, including the number of
members, the length of member terms, and the manner of formation as follows:
13.04.1 Establish an interim board of
directors to govern the resulting district or receiving district that consists
of either five (5) or seven (7) members selected from the boards of directors
from the affected districts and receiving districts based on the proportion of
the student population of each of the affected districts and receiving
districts before consolidation or annexation;
13.04.2 Designate the existing board of
directors of one (1) affected district in a consolidation or the existing board
of directors of the receiving district in an annexation as the interim board of
directors; or
13.04.3 Determine
that an interim board of directors is not necessary and may designate the
existing board of directors of one (1) affected district in a consolidation or
the existing board of directors of the receiving district in an annexation to
remain as the permanent school board of directors.
13.05 If the written agreement prescribes the
formation of an interim board of directors, the interim board of directors
shall serve until the first school election after the effective date of
consolidation or annexation unless:
13.05.1
Any members of the permanent board of directors of the resulting district or
receiving district are elected from single-member zones, then the interim board
of directors may serve until the second school election after the effective
date of consolidation or annexation under Ark. Code Ann. §
6-13-1416(c)(3)(B)
and Sections 13.03.2.1 and 13.03.2.2 of these rules; or
13.05.2 All the members of the permanent
board of directors of the resulting district or receiving district are elected
at-large, then the written agreement may stagger the terms of the interim board
of directors, which shall be determined by lot so that no more than two (2)
members' terms expire during any one (1) year.
13.06 If the written agreement prescribes
formation of an interim board of directors, the board of directors of the
affected district before the consolidation or the affected district and
receiving district before annexation may determine independently how to select
members of the existing board of directors to serve on the interim board of
directors by:
13.06.1 The voluntary
resignation of one (1) or more members of the existing board of
directors;
13.06.2 Selecting one
(1) or more members of the existing board of directors by a majority vote of
the school board; or
13.06.3
Selecting one (1) or more members of the existing board of directors by a
random lot drawing.
13.07 If the written agreement in an
administrative consolidation or an administrative annexation under Ark. Code
Ann. §
6-13-1603 requires the formation of
an interim board of directors, the interim board of directors shall be
established by May 31 preceding the effective date of the administrative
consolidation or administrative annexation.
13.08 An executed copy of the written
agreement shall be attached to the petition for consolidation or annexation
submitted to the State Board.
13.08.1 If the
written agreement is approved by the State Board, the terms of the written
agreement shall be binding upon the affected districts, receiving districts,
and resulting districts, including the interim and permanent school boards of
directors.
13.08.2 A written
agreement under Ark. Code Ann. §
6-13-1416 and Section 13.00 of
these rules shall not be effective without approval from the State
Board.
13.09 A
consolidation or annexation petition approved by the State Board along with an
executed copy of the written agreement shall be filed with the:
13.09.1 County clerk of each county that
contains school district territory of each affected district, receiving
district, or resulting district;
13.09.2 Secretary of State; and
13.09.3 Arkansas Geographic Information
Office.
13.10 An
approved consolidation or annexation petition shall include a map of the
boundaries of the resulting district or receiving district.
13.11 An approved consolidation or annexation
petition filed with the Secretary of State and the Arkansas Geographic
Information Office shall include a digital map showing the boundaries of the
resulting district or receiving district in a format prescribed by the Arkansas
Geographic Information Office.
Source: Ark. Code Ann. § 6-13-1416
14.00
FORMATION
OF A PERMANENT BOARD OF DIRECTORS
14.01 A permanent board of directors shall
have either five (5) or seven (7) members unless the school district is allowed
to have nine (9) members under Ark. Code Ann. §
6-13-604.
14.02 The length of the terms of the board of
directors may be for the time period prescribed by law and:
14.02.1 Prescribed in the written agreement
under Ark. Code Ann. §
6-13-1416 and Section 13.00 of
these rules; or
14.02.2 Determined
by the permanent board of directors.
14.03 At the first meeting of the permanent
board of directors, the members shall determine the terms of the board of
directors by lot so that not more than two (2) members' terms expire during any
one (1) year.
14.04 A vacancy on
the board of directors shall be filled as prescribed by law.
14.05 If single-member election zones are not
necessary to comply with the Voting Rights Act of 1965 or with any other
federal or state law, any or all of the members of the permanent board of
directors may be elected at large.
14.06 A minimum of five (5) members of a
permanent board of directors shall be elected from single-member election zones
if one (1) or more of the following applies:
14.06.1 Single-member election zones are
required to comply with the Voting Rights Act of 1965 or other federal
law;
14.06.2 The resulting district
or receiving district after consolidation or annexation is required to be zoned
under Ark. Code Ann. §
6-13-631 or other state law;
or
14.06.3 The boards of directors
of the affected districts before consolidation or the boards of directors of
the affected districts and receiving districts before annexation agree that the
permanent board of directors shall be elected from single-member election
zones.
14.07 If
single-member election zones are necessary to comply with the Voting Rights Act
of 1965, other federal law, or state law, the resulting district or receiving
district shall:
14.07.1 Review the
demographic makeup and boundaries of the zones based on the latest decennial
census data of the resulting district or receiving district after consolidation
or annexation and rezone the resulting district or receiving district as
necessary to comply with the Voting Rights Act of 1965, other federal law, or
state law;
14.07.2 Complete the
election rezoning no later than one hundred twenty (120) calendar days before
the second school election following the effective date of the consolidation or
annexation; and
14.07.3 No later
than one hundred twenty (120) calendar days before the second school election
following the effective date of the consolidation or annexation, file a digital
map, in a format prescribed by the Arkansas Geographic Information Office,
detailing the election zone boundaries of the resulting district or receiving
district with the:
14.07.3.1 Secretary of
State;
14.07.3.2 Arkansas
Geographic Information Office; and
14.07.3.3 County clerk of each county that
contains school district territory of each affected district, receiving
district, or resulting district.
Source: Ark. Code Ann. § 6-13-1417
ADMINISTRATIVE CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS
15.00
ADMINISTRATIVE CONSOLIDATION
LIST
15.01 By January 1 of each year,
the Department of Education shall publish a:
15.01.1 List of all 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; and
15.01.2
Consolidation list that includes all school districts with fewer than three
hundred fifty (350) students according to the school district average daily
membership in each of the two (2) school years immediately preceding the
current school year.
Source: Ark. Code Ann. § 6-13-1602
16.00
ADMINISTRATIVE REORGANIZATION
16.01 Any
school district included in the Department of Education's consolidation list
under Ark. Code Ann. §
6-13-1602 may voluntarily agree to
administratively consolidate with or be annexed to another school district or
districts in accordance with the requirements and limitations of Ark. Code Ann.
§
6-13-1603 and Section 16.00 of
these rules.
16.02 Any school
district on the consolidation list choosing to voluntarily administratively
consolidate or annex shall submit a petition for approval to the State Board by
March 1 immediately following publication of the list and shall set forth the
terms of the administrative consolidation or annexation agreement in the
petition. 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
immediately following the publication of the list required under Ark. Code Ann.
§
6-13-1602 and Section 15.00 of
these rules.
16.03 Any school
district on the consolidation list that does not submit a petition under Ark.
Code Ann. §
6-13-1603(a)(2)(A)
or Section 16.02 of these rules, or that does not receive approval by the State
Board for a voluntary consolidation or annexation petition, shall be
administratively consolidated by the State Board with or into one (1) or more
school districts by May 1, to be effective July 1 immediately following the
publication of the list required under Ark. Code Ann. §
6-13-1602 and Section 15.00 of
these rules.
16.04 The State Board
shall promptly consider petitions or move on its own motion to administratively
consolidate a school district on the consolidation list in order to enable the
affected school districts to reasonably accomplish any resulting administrative
consolidation or annexation by July 1 immediately following the publication of
the list required under Ark. Code Ann. §
6-13-1602 and Section 15.00 of
these rules.
16.05 The State Board
shall not deny the petition for voluntary administrative consolidation or
annexation of any two (2) or more school districts unless:
16.05.1 The provisions contained in the
articles of administrative consolidation or annexation would violate state or
federal law; or
16.05.2 The
voluntary consolidation or annexation would not contribute to the betterment of
the education of students in the school district.
16.06 Any school district required to be
administratively consolidated under Title 6, Chapter 13, Subchapter 16 and
Section 16.00 of these rules shall be administratively consolidated in such a
manner as to create a resulting district with an average daily membership
meeting or exceeding three hundred fifty (350).
16.07 All administrative consolidations or
annexations under Ark. Code Ann. §
6-13-1603 and Section 16.00 of
these rules 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.
16.08 In the administratively consolidated or
annexed school districts created under Title 6, Chapter 13, Subchapter 16 and
Section 16.00 of these rules, the ad valorem tax rate shall be determined as
set forth under Ark. Code Ann. §
6-13-1409 and Section 9.00 of these
rules.
16.09 Nothing in Ark. Code
Ann. §
6-13-1603 or Section 16.00 of these
rules shall be construed to require the closing of any school or school
facility.
16.10 No administratively
consolidated or annexed resulting or receiving school district shall have more
than one (1) superintendent.
16.11
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:
16.11.1 The school
district fails to meet minimum teacher salary requirements; or
16.11.2 The school district fails to comply
with the Standards for Accreditation of Arkansas Public Schools and School
Districts issued by the Department of Education.
16.12 Noncontiguous school districts may
voluntarily consolidate if the facilities and physical plant of each school
district:
16.12.1 Are within the same county,
and the State Board approves the administrative consolidation; or
16.12.2 Are not within the same county, and
the State Board approves the administrative consolidation or administrative
annexation and finds that:
16.12.2.1 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
16.12.2.2
The administrative consolidation or administrative annexation will provide a
significant advantage in transportation costs or service to all of the school
districts involved.
16.13 Contiguous school districts may
administratively consolidate even if they are not in the same county.
16.14 The provisions of Ark. Code Ann.
§§
6-13-1415 through
6-13-1417, and Sections 12.00
through 14.00 of these rules, shall govern the board of directors of each
resulting district or receiving district created under this Title 6, Chapter
13, Subchapter 16 and Section 16.00 of these rules.
Source: Ark. Code Ann. § 6-13-1603
17.00
DEVELOPMENT
OF PLAN TO TRACK STUDENT PROGRESS
17.01 Following the administrative
consolidation or administrative annexation under Ark. Code Ann. §§
6-13-1601 -
6-13-1603,
6-13-1604 [repealed], and
6-13-1605 [repealed] effective
before December 1, 2004, and before any consolidation, annexation, detachment,
approval of a conversion charter, or any other type of reclassification or
reorganization of a school district after December 1, 2004, each receiving
district or resulting district and the Department of Education shall develop a
plan to track the educational progress of all students from the affected
district and the following subgroups of those students:
17.01.1 Students who have been placed at risk
of academic failure as required under Ark. Code Ann. §
6-15-1602;
17.01.2 Economically disadvantaged
students;
17.01.3 Students from
major racial and ethnic groups; and
17.01.4 Specific population groups as
identified by the State Board, the Department of Education, the affected
district, or the receiving district as target groups for closing the
achievement gaps.
17.02
The receiving or resulting district shall obtain and retain all student records
from the affected district for the five (5) years immediately preceding the
administrative consolidation or administrative annexation, specifically
including, but not limited to:
17.02.1
Individual student records;
17.02.2
Attendance records;
17.02.3
Enrollment records;
17.02.4
Assessment records for assessments required under the Arkansas Comprehensive
Testing, Assessment, and Accountability Program Act, Ark. Code Ann. §
6-15-401 et seq., specifically
including benchmark assessments and end-of-course assessments; and
17.02.5 American College Test (ACT) and
Standardized Aptitude Test (SAT) results and records.
17.03 The school district shall report to the
Department of Education information determined by the Department of Education
as necessary to track the educational progress of all students from the
affected district as a subgroup and the following subgroups of those
transferred students:
17.03.1 Students who
have been placed at risk of academic failure as required under Ark. Code Ann.
§
6-15-1602;
17.03.2 Economically disadvantaged students;
and
17.03.3 Students from major
racial and ethnic groups.
17.04 By November 1 of each year, the
Department of Education shall file a written report with the Governor, the
chair of the House Interim Committee on Education, the chair of the Senate
Interim Committee on Education, and the secretary of the Legislative Council
assessing the educational progress of all students from the affected district
as a subgroup and the following subgroups of those transferred students:
17.04.1 Students who have been placed at risk
of academic failure as required under Ark. Code Ann. §
6-15-1602;
17.04.2 Economically disadvantaged students;
and
17.04.3 Students from major
racial and ethnic groups.
Source: Ark. Code Ann. § 6-13-1606
18.00
RETENTION OF HISTORICAL RECORDS AND DOCUMENTS
18.01 Following the annexations or
consolidations under Ark. Code Ann. §
6-13-1601 et seq. effective prior
to December 1, 2004, and prior to any consolidation, annexation, detachment,
approval of a conversion charter, or any other type of reclassification or
reorganization of a school district after December 31, 2004, a receiving or
resulting school district shall obtain and retain all student and historical
records and documents from the affected school district, specifically
including, but not limited to:
18.01.1
Student transcripts;
18.01.2
Graduation records;
18.01.3 Minutes
and other legal documents of the local board of directors;
18.01.4 Maps or boundary documents;
18.01.5 Sports records, trophies, and
awards;
18.01.6 Employee records;
and
18.01.7 Financial records.
Source: Ark. Code Ann. § 6-13-1607
19.00
AUDIT REQUIRED
19.01 The Division of
Legislative Audit shall conduct a comprehensive financial review of all the
school district's financial matters for any school that is involved in
administrative consolidation or administrative annexation or is otherwise
reorganized by the State Board.
19.02 The comprehensive financial review
shall begin no less than ten (10) days after the earliest of:
19.02.1 The publication of the district's
name on the consolidation and annexation list under Ark. Code Ann. §
6-13-1602;
19.02.2 The filing of a petition for
voluntary administrative consolidation or administrative annexation;
or
19.02.3 The adoption of a motion
by the State Board to consolidate, annex, or otherwise reorganize a school
district designated as being in academic or fiscal distress.
19.03 Beginning on the date of
publication of the consolidation list under Ark. Code Ann. §
6-13-1602 and Section 16.00 of
these rules each year, the Department of Education shall have authority to
oversee all fiscal and accounting-related matters of all school districts on
the consolidation list and shall require those school districts to have
accurate records necessary to close all books within sixty (60) days after the
end of the fiscal year.
19.03.1 No contract
or other debt obligation incurred by a school district for which the department
has oversight authority under Ark. Code Ann. §
6-13-1608 and Section 19.00 of
these rules shall be valid or enforceable against a resulting school district
unless the contract or other debt obligation is preapproved in writing by the
Commissioner of Education or his or her designee.
19.04 Any school that is involved in an
administrative consolidation or administrative annexation shall have an audit
started within thirty (30) days of the completion of the closing of the books
by the school district.
19.05 The
Department of Education and the Division of Legislative Audit shall jointly
develop the scope and details of the comprehensive fiscal review consistent
with the requirements of Ark. Code Ann. §
6-13-1608 and Section 19.00 of
these rules.
19.06 A school
district may not incur debt without the prior written approval of the
Department of Education if the school district is identified by the Department
of Education under Ark. Code Ann. §
6-13-1602(1) and
Section 15.01.1 of these rules as having 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.
Source: Ark. Code Ann. § 6-13-1608
20.00
PRESERVATION OF HISTORICAL SCHOOL ARTIFACTS
20.01 Following the administrative
consolidations or administrative annexations under Ark. Code Ann. §§
6-13-1601 -
6-13-1603,
6-13-1604 [repealed], and
6-13-1605 [repealed] effective
before December 1, 2004, and before any consolidation, annexation, detachment,
approval of a conversion charter, or any other type of reclassification or
reorganization of a school district after December 31, 2004, a receiving
district or resulting district shall obtain, retain, preserve, and, as
appropriate, display historical artifacts of the affected district in the same
manner as if the historical artifacts were those of the receiving district or
resulting district.
Source: Ark. Code Ann. § 6-13-1609
21.00
FINANCIAL
RELIEF FOR DEBTS ACQUIRED AS A RESULT OF INVOLUNTARY CONSOLIDATIONS
21.01 As used in Section 21.00 of these
rules:
21.01.1 "Accounts payable" means a debt
owed by a school district on June 30 immediately prior to administrative
consolidation, excluding bonded indebtedness or other long-term debt;
21.01.2 "Act 60 school district" means a
school district that was on the consolidation list under Ark. Code Ann. §
6-13-1602 and Section 15.00 of
these rules and was involuntarily consolidated under Ark. Code Ann. §
6-13-1603(a)(3)
and Section 16.03 of these rules;
21.01.3 "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;
21.01.4 "Excess accounts
payable" means accounts payable of an Act 60 school district that exceed
available funding; and
21.01.5
"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
Department of Education to require an expenditure of funds by the resulting
school district to be correct.
21.02 If on July 1, 2004, or thereafter, the
State Board required an involuntary administrative consolidation under Ark.
Code Ann. §
6-13-1603(a)(3)
and Section 16.03 of these rules 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 district, the
Department of Education shall provide supplemental funding to the resulting
district.
21.03 The amount of the
supplemental funding provided under Ark. Code Ann. §
6-13-1610(b) and
Section 21.02 of these rules shall be equal to the amount of the excess
accounts payable and improper expenditure exceptions assumed by the resulting
school district.
21.03.1 The amount of
accounts payable, excess accounts payable, improper expenditure exceptions, and
available funding shall be determined by the Department of Education based on
information provided in a final audit and other verifiable fiscal information
available to the Department of Education.
21.03.2 The audit of an Act 60 school
district required under Ark. Code Ann. §
6-13-1610 and Section 21.00 of
these rules shall be completed within the time under Ark. Code Ann. §
6-20-1801(d) for
school districts in fiscal distress.
21.03.3 No supplemental funding shall be paid
under this section until after completion of a final audit by the Division of
Legislative Audit or a private certified public accountant that may conduct
school district audits under Ark. Code Ann. §
6-20-1801.
21.04 Beginning on the date of the
publication of the consolidation list under Ark. Code Ann. §
6-13-1602 and Section 15.00 of
these rules each year, the Department of Education shall have authority to
oversee all fiscal and accounting-related matters of all school districts on
the consolidation list and shall require these school districts to have
accurate records necessary to close all books within sixty (60) days of the end
of the fiscal year.
21.04.1 No contract or
other debt obligation incurred by a school district for which the Department of
Education has oversight authority under Ark. Code Ann. §
6-13-1610 and Section 21.00 of
these rules shall be valid or enforceable against a resulting district unless
the contract or other debt obligation is preapproved in writing by the
Commissioner of Education or his or her designee.
Source: Ark. Code Ann. § 6-13-1610
22.00
ANNUAL REPORTS
22.01 By October 1 of
each year, the resulting district or receiving district of any school district
that was administratively consolidated or administratively annexed under Ark.
Code Ann. §§
6-13-1601 -
6-13-1603,
6-13-1604 [repealed], and
6-13-1605 [repealed] shall file a
written report with the House Interim Committee on
Education, the Senate Interim Committee on Education, and the Department of Education indicating:
22.01.1 What efforts were made and the
results of those efforts for inclusion of parents from the affected district in
the receiving district's or the resulting district's activities, including
without limitation:
22.01.1.1 Parent-teacher
associations;
22.01.1.2 Booster
clubs; and
22.01.1.3 Parent
involvement committees;
22.01.2 The number and percentage of students
from the affected districts participating in an extracurricular activity,
itemized by each extracurricular activity offered by the school district and,
for each activity, which school district the student attended before
reorganization; and
22.01.3 The
employment status of each administrator by name, gender, and race before the
administrative annexation or administrative consolidation, which school
employed the administrator before administrative consolidation, and his or her
employment status in the receiving district or the resulting
district.
22.02 The
Department of Education shall develop or approve a survey to be used by the
resulting or receiving districts to capture perceptual data from parents and
students regarding their opinions on:
22.02.1
Opportunities for inclusion or participation in the resulting or receiving
district; and
22.02.2 The efforts,
if any, that were made to include parents from the affected district in the
receiving or resulting district's activities, including, but not limited to,
parent-teacher associations, booster clubs, and parent involvement committees.
Source: Ark. Code Ann. § 6-13-1611
23.00
ACADEMIC SUPPORT CENTERS
23.01 The
purpose of Ark. Code Ann. §
6-13-1612 and Section 23.00 of
these rules is to:
23.01.1 Prevent students
who attend administratively consolidated or administratively annexed schools
from returning home to communities with little or no opportunities for
supplemental academic support;
23.01.2 Increase opportunities for access to
library materials, academic resource materials, and educational technology for
these students within their local communities; and
23.01.3 Help advance academic performance for
these students by providing opportunities for homework and tutorial assistance
based on the Arkansas curriculum frameworks.
23.02 An academic support center may be
established in communities whose schools have been closed by administrative
consolidation or administrative annexation under Title 6, Chapter 13,
Subchapter 16 of the Arkansas Code to fulfill the objectives identified in Ark.
Code Ann. §
6-13-1612(a) and
Section 23.00 of these rules.
23.03
The Department of Education shall report annually to the House Interim
Committee on Education and the Senate Interim Committee on Education regarding
the establishment of academic support centers and their effectiveness.
Source: Ark. Code Ann. § 6-13-1612
CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
24.00
DEFINITIONS APPLICABLE TO
CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
For the purposes of Sections 24.00 through 26.00 of these rules, the following definitions apply:
24.01 "Annexation" includes both Annexation
and Administrative Annexation as defined in Section 3.00 of these
Rules.
24.02 "Consolidation"
includes both Consolidation and Administrative Consolidation as defined in
Section 3.00 of these Rules.
24.03
"Foundation Funding" means an amount of money specified by the General Assembly
for each school year to be expended by school districts for the provision of an
adequate education for each student.
24.04 "Per Student Foundation Funding Amount"
means a dollar amount established by the General Assembly to be multiplied by
the ADM of the previous school year for the district foundation
funding.
24.05 "Funding Factor"
means a factor established by the Arkansas Department of Education (Department)
to ensure that the calculated funding does not exceed the funds available for
consolidation/annexation incentive funding.
25.00
GUIDELINES FOR THE DISTRIBUTION
OF CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
25.01 The distribution of consolidation and
annexation incentive funding is dependent upon appropriation and funding by the
Arkansas General Assembly.
25.02
Consolidation/annexation incentive funding shall be determined as follows:
25.02.1 One hundred percent (100%) of the
incentive allowance computed as provided in these rules shall be in addition to
the school district's aid the first year of consolidation/annexation. The
second year of consolidation/annexation the district shall receive fifty
percent (50%) of the consolidation/annexation incentive funding received by the
district in the previous year in addition to other state aid. Beginning in the
third year and each year thereafter no consolidation/annexation incentive
funding shall be provided. The consolidation/annexation incentive is intended
to supplement the customary state aid the districts would have received had the
consolidation/annexation not occurred.
25.02.2 For those school districts not
required to be consolidated/annexed in the current school year, if two (2)
districts consolidate or one (1) district is annexed to another school
district, multiply the prior year ADM of the smaller district by the per
student foundation funding amount, then by the funding factor, where the
minimum ADM applicable is one hundred (100) and the maximum ADM applicable is
three hundred (300).
25.02.3 For
those school districts required to be consolidated/annexed in the current
school year, if two (2) districts consolidate or one (1) district is annexed to
another school district, multiply the prior year ADM of the smaller district by
the per student foundation funding amount, then by the funding factor, where
the minimum ADM applicable is one hundred (100) and the maximum ADM applicable
three hundred (300).
25.02.4 For
those school districts not required to be consolidated/annexed in the current
school year, if three (3) districts consolidate or two (2) districts are
annexed to a third school district, multiply the total prior year ADM of the
two (2) smaller districts by the per student foundation funding amount, then by
the funding factor, where the minimum ADM applicable is one hundred (100) and
the maximum ADM applicable is four hundred (400).
25.02.5 For those school districts required
to be consolidated/annexed in the current school year, if three (3) districts
consolidate or two (2) smaller districts are annexed to another school
district, multiply the prior year ADM of the smaller district by the per
student foundation funding amount, then by the funding factor, where the
minimum ADM applicable is one hundred (100) and the maximum ADM applicable
three hundred (300).
25.02.6 For
those school districts not required to be consolidated/annexed in the current
school year, if four (4) or more districts consolidate or three (3) or more
districts are annexed to another school district, multiply the total prior year
ADM of all except the largest district by the per student foundation funding
amount, then by the funding factor, where the minimum ADM applicable is one
hundred (100) and the maximum ADM applicable is five hundred (500).
25.02.7 For those school districts required
to be consolidated/annexed in the current school year, if four (4) or more
districts consolidate or three (3) or more districts are annexed to another
school district, multiply the prior year ADM of the smaller district by per
student the foundation funding amount, then by the funding factor, where the
minimum ADM applicable is one hundred (100) and the maximum ADM applicable is
three hundred (300).
25.02.8 If a
district is annexed by multiple school districts, the incentive funding shall
be computed as in Sections 25.02.1 through 25.02.7 above. The incentive funding
shall then be prorated among the receiving districts based upon the percentage
of the annexed district's ADM received by each receiving district.
26.00
GENERAL
REQUIREMENTS
26.01
Consolidation/annexation incentive funding shall be distributed to either the
resulting district(s) established after consolidation or the receiving
district(s) after annexation.
26.02
Any district that has received consolidation/annexation incentive funds and
subsequently dissolves shall be liable to the Department of Education for the
full or apportioned amount of incentive funding received if any of the
following conditions result due to the dissolution:
26.02.1 Districts are formed with
substantially the same boundaries as the former districts prior to
consolidation or annexation;
26.02.2 The ability of any district to
desegregate or remain desegregated is inhibited;
26.02.3 The ability of the State to ensure
that students are provided a quality education in an efficient manner is
inhibited.
26.03 Any
repayment due, as required in Section 26.02 above, shall be paid from the
assets of the district prior to dissolution of the district. The Department of
Education may withhold, from any state funding due the district, the amount of
repayment funds or a portion thereof.
26.04 In the event full repayment is not made
as required under Section 26.02 above, the Department of Education shall
withhold from those districts that are formed as a result of the dissolution,
future state funding in the amount of the repayment owed. The repayment shall
be apportioned among the districts on a per ADM basis unless the Department of
Education determines that such apportionment would be inequitable. In such
case, the State Board shall apportion the repayment among the districts upon an
equitable basis.
27.00
STATE BOARD HEARING PROCEDURES - VOLUNTARY CONSOLIDATIONS AND
ANNEXATIONS
27.01 All persons wishing
to testify before the State Board shall first be placed under oath by the
Chairperson of the State Board.
27.02 The spokesperson(s) for the petitioning
school districts shall have a total of twenty (20) minutes to present the
school districts' remarks. The State Board may allow more than twenty (20)
minutes if necessary.
27.03 The
spokesperson(s) for any individual or group of citizens that opposes the
petition shall have a total of twenty (20) minutes to present the remarks of
the individual or group of citizens. The State Board may allow more than twenty
(20) minutes if necessary.
27.04
The spokesperson(s) for the petitioning school districts shall have a total
often (10) minutes to present closing remarks to the State Board. The State
Board may allow more than ten (10) minutes if necessary.
27.05 The spokesperson(s) for any individual
or group of citizens that opposes the petition shall have a total often (10)
minutes to present closing remarks to the State Board. The State Board may
allow more than ten (10) minutes if necessary.
27.06 The State Board shall then discuss,
deliberate and vote upon the matter of approving or denying the school
districts' petition.
27.07 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.
27.08 The State Board shall
issue a written order concerning the matter.
28.00
STATE BOARD HEARING PROCEDURES -
INVOLUNTARY CONSOLIDATIONS AND ANNEXATIONS
28.01 All persons wishing to testify before
the State Board shall first be placed under oath by the Chairperson of the
State Board.
28.02 The
spokesperson(s) for the Department of Education shall have a total of twenty
(20) minutes to present the Department of Education's remarks. The State Board
may allow more than twenty (20) minutes if necessary.
28.03 The spokesperson(s) for any individual
or group of citizens that opposes the annexation or consolidation shall have a
total of twenty (20) minutes to present the remarks of the individual or group
of citizens. The State Board may allow more than twenty (20) minutes if
necessary.
28.04 The
spokesperson(s) for the Department of Education shall have a total often (10)
minutes to present closing remarks to the State Board. The State Board may
allow more than ten (10) minutes if necessary.
28.05 The spokesperson(s) for any individual
or group of citizens that opposes the annexation or consolidation shall have a
total often (10) minutes to present closing remarks to the State Board. The
State Board may allow more than ten (10) minutes if necessary.
28.06 The State Board shall then discuss,
deliberate and vote upon the matter of approving or denying the school
districts' petition.
28.07 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.
28.08 The State Board
shall issue a written order concerning the
matter.
ATTACHMENTS PERTAINING TO ANNEXATIONS AND CONSOLIDATIONS OF SCHOOL DISTRICTS (NON-ADMINISTRATIVE)
Exhibit A
EXHIBIT D
ATTACHMENTS PERTAINING TO ADMINISTRATIVE ANNEXATIONS AND CONSOLIDATIONS OF SCHOOL DISTRICTS
Exhibit A
Exhibit C
Exhibit E
EXHIBIT F
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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