Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.14-005 - Rules Governing the Creation of School Districts by Detachment

2.02.1 An existing school district; or

2.02.2 Two (2) or more existing contiguous school districts.

3.04.1 Had an average daily membership of at least fifteen thousand (15,000) students but not more than twenty thousand (20,000) students in the school year immediately preceding the detachment; or

3.04.2 Encompass a total area of seven hundred square miles (700 sq. mi.) or more, now or in the future.

Source: Ark. Code Ann. § 6-13-1502

5.02.1 State the purpose for which the petition or resolution is being submitted;

5.02.2 Contain a plat or map of the proposed new school district;

5.02.3 Contain an independent feasibility study stating:

5.02.4 Be signed by at least ten percent (10%) of the number of voters in the area proposed for detachment who voted in the most recent general election.

5.03.1 The State Board shall not order any creation of a new school district by detachment or any other act or combination of any acts that hampers, delays, or in any manner negatively affects desegregation efforts of a school district or districts in this state.

5.03.2 Prior to the entry of any order for election on the question of detachment, the State Board shall seek an advisory opinion from the Attorney General concerning the impact of the proposed detachment and creation of a new school district on the effort of the state to assist the affected school district or districts in the desegregation of the public schools of this state.

5.03.3 The order for election on the proposition of detachment shall:

5.04.1 No later than forty-five (45) days prior to the election, the county clerk of each county affected shall identify all persons who reside within the area proposed to be detached, and the county clerk shall determine the names and addresses of all qualified electors residing within that area. The failure to identify all persons residing within the area proposed to be detached or the failure to determine the names and addresses of all qualified electors residing within that area shall not invalidate or otherwise affect the results of the election.

5.04.2 The county clerk shall prepare a list by precinct of all those qualified electors residing within the area to be detached who are qualified to vote in that precinct and furnish that list to the election officials at the time the ballot boxes and voting machines are delivered.

6.02.1 Following the entry of the order creating the new school district and the appointment of a board of directors for the new school district but prior to the transfer of any assets, territory, property, liabilities, duties, or responsibilities, any new school district created by detachment from an existing school district that is a party to any court-ordered desegregation plan shall petition the court having jurisdiction in the desegregation matter and obtain any and all court orders or other relief necessary to ensure that the detachment will not cause the state or any affected school district to be in violation of any orders of the court or any consent orders or decrees entered into by the parties with regard to the desegregation plan.

6.05.1 To form local school districts, change boundary lines of school districts, create new school districts, and perform all other functions regarding changes in school districts in accordance with the law;

6.05.2 To transfer funds and attach territory that is in one (1) school district to other school districts as may seem best for the educational welfare of the children; and

6.05.3 To enact rules and regulations regarding the creation of school districts by detachment under Title 6, Chapter 13, Subchapter 15 of the Arkansas Code.

7.02.1 A plan for the selection and employment of a superintendent or administrator for the new school district created by detachment;

7.02.2 A plan for the zoning and election of school board members in accordance with Arkansas and federal law;

7.02.3 A determination of the millage necessary to operate the new school district created by detachment;

7.02.4 A plan that specifically addresses the distribution of real and personal property, assets, liabilities (including debt), duties and responsibilities for the existing school district and the new school district created by detachment; and

7.02.5 A plan that specifically addresses the procedure by which the new school district will employ licensed and nonlicensed staff

7.04.1 Jointly petition the Commissioner of Education or his or her designee to resolve the matter subject to final determination by the State Board as set forth in Section 7.05 of these rules;

7.04.2 Jointly select a mediator to mediate the matter subject to final determination by the State Board as set forth in Section 7.05 of these rules; or

7.04.3 Jointly petition the State Board to resolve the matter in accordance with Section 7.05 of these rules.

7.04.4 In the absence of an agreement regarding any of the options listed in Sections 7.04.1 through 7.04.3 of these rules, the matter will proceed directly to the State Board for resolution in accordance with Section 7.05 of these rules.