Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.20-023 - DESE Rules Governing the Arkansas Fiscal Assessment and Accountability Program
Universal Citation: AR Admin Rules 005.28.20-023
Current through Register Vol. 49, No. 9, September, 2024
ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING THE ARKANSAS FISCAL ASSESSMENT AND ACCOUNTABILITY PROGRAM
Effective October 19, 2020
1.00 AUTHORITY
1.01 The Arkansas State Board of Education
enacted these rules pursuant to Ark. Code Ann. §
6-11-105, Ark. Code Ann. §
6-20-1901 et seq., Ark. Code Ann.
§
25-15-201 et seq. and Act 929 of
2019.
1.02 These rules shall be
known as the Arkansas Division of Elementary and Secondary Education
("Division") Rules Governing the Arkansas Fiscal Assessment and Accountability
Program. ,
2.00 PURPOSE
2.01 The purpose of these rules is to
establish how the Division will review the financial management practices of
public school districts, including identifying best financial management
practices, and evaluate, assess, identify, classify and address school
districts in any phase of fiscal distress, including identification of early
indicators of fiscal distress and early intervention in public school districts
that experience early indicators of fiscal distress, and provide fiscal support
to public school districts.
3.00 DEFINITIONS
3.01 "Annexation" means the joining of an
affected school district or part of an affected school district with a
receiving district pursuant to Ark. Code Ann. §
6-13-1401 et seq.
3.02 "Capital Outlay Expenditures" means
land, land improvements, buildings, infrastructure and equipment having a unit
value of $1,000 or more and a life expectancy of more than one year.
3.03 "Consolidation" means the joining of two
(2) or more school districts or parts of the districts to create a new single
school district pursuant to Ark. Code Ann. §
6-13-1401 et seq.
3.04 "Current Year Expenditures" means the
total expenditures accruing to the combined teacher salary, operating, and debt
service funds, excluding restricted funds.
3.05 "Current Year Revenues" means the total
revenues accruing to the combined teacher salary, operating, and debt service
funds, excluding restricted funds.
3.06 Day means a calendar day, unless
otherwise specified in these rules, regardless of whether it is a day the
Division or a public school district conducts official business.
3.07 "Debt" means a legal liability,
encumbrance or contract, including employment contracts, to be paid out of
future revenues or current reserves of the district.
3.08 "Declining Balance" means balance
resulting when current year expenditures exceed current year
revenues.
3.09 "Fiscal Distress
Financial Improvement Plan (Plan)" means the written plan submitted by a
district classified in fiscal distress and approved by the Division to be
implemented by the district addressing each indicator of fiscal distress
identified by the Division and the State Board with a specific corrective
action plan and timeline.
3.10
"Fiscal Distress Status" means the status of a public school district
identified by the Division and classified by the State Board as being placed in
fiscal distress status pursuant to Ark. Code Ann. §
6-20-1901 et seq. and these rules.
, '
3.11 "Fiscal
Integrity" means to comply with financial management, accounting, auditing, and
reporting procedures and facilities management procedures as required by state
and federal laws and regulations in a forthright and timely manner.
/
3.12 "General
Business Manager" means a chief financial officer or business manager, however
the position is titled, who:
3.12.1 Is
responsible for the fiscal operations of a public school district;
3.12.2 Performs duties under the direction of
a superintendent, or equivalent, of a public school district; and
3.12.3 Is not the superintendent or
equivalent of the public school district.
3.13 "Jeopardize" means to expose to loss,
-injury, or peril.
3.14 "Material
Failure, Violation, Default, or Discrepancies" means an act, omission, event,
circumstances, or combination thereof, that directly jeopardizes the fiscal
integrity of a school district.
3.15 "Non-Material Failure, Violation,
Default, or Discrepancies" means an act, omission, event, circumstance, or
combination thereof, that does not directly jeopardize the fiscal integrity of
a school district, but without intervention could place the school district in
fiscal distress.
3.16 "Public
school" means:
3.16.1 A school operated by a
public school district; or
3.16.2
An open-enrollment public charter school, as defined in Ark. Code Ann. §
6-23-103.
3.16.3 Schools or educational programs
created by or receiving authority to exist pursuant to Ark. Code Ann. §
6-15-501, Ark. Code Ann. §
9-28-205, and Ark. Code Ann. §
12-29-301 et seq., are
specifically excluded from this definition.
3.17 "Public school district" means:
3.17.1 A geographic area that qualifies as a
taxing unit for purposes of ad valorem property taxes under Ark. Code Ann.
§
26-1-101 et seq. and Arkansas
Constitution, Article 14, § 3, and is either:
3.17.1.1 Governed by an elected board of
directors; or
3.17.1.2 Under the
administrative control of the State Board or the Commissioner of Education in
place of an elected board of directors; or
3.17.2 An open-enrollment public charter
school, as defined in Ark. Code Ann. §
6-23-103.
3.17.3 Schools or educational programs
created by or receiving authority to exist pursuant to Ark. Code Ann. §
6-15-501, Ark. Code Ann. §
9-28-205, and Ark. Code Ann. §
12-29-301 et seq., are
specifically excluded from this definition.
3.18 "Reconstitution" means the
reorganization of the administrative unit or the governing school 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 board of directors or both;
3.19 "Restricted Funds" means funds accruing
to the teacher salary, operating and debt service funds that can be used only
for specific purposes as stated in law or in accordance with a grant award
(such as ESA, ALE, ELL, Professional Development).
3.20 "School district systems" means the
operations and procedures that occur within a public school district, including
without limitation:
3.20.1
Academics;
3.20.2
Facilities;
3.20.3 Fiscal
operations;
3.20.4 Human capital
management; and
3.20.5 Student
support services
3.21
"School Year" means a school year beginning July 1 of one calendar year and
ending June 30 of the following calendar year.
3.22 "State Board" means the Arkansas State
Board of Education.
4.00 INDICATORS OF FISCAL DISTRESS
4.01 A school district meeting any of the
following criteria may be identified by the Division to be a school district in
fiscal distress upon final approval by the State Board:
4.01.1 A declining balance determined to
jeopardize the fiscal integrity of a school district. However, capital outlay
expenditures for academic facilities from a school district balance shall not
be used to put the school district in fiscal distress.
4.01.2 An act or violation determined to
jeopardize the fiscal integrity of a school district, including without
limitation:
4.01.2.1 Material failure to
properly maintain school facilities;
4.01.2.2 Material violation of local, state,
or federal fire, health, or, safety code provisions or law;
4.01.2.3 Material violation of local, state,
or federal construction code provisions or law;
4.01.2.4 Material state or federal audit
exceptions or violations;
4.01.2.5
Material failure to provide timely and accurate legally required financial
reports to the Division, Arkansas Legislative Audit, the General Assembly, or
the Internal Revenue Service;
4.01.2.6 Insufficient funds to cover payroll,
salary, employment benefits, or legal tax obligations;
4.01.2.7 Material failure to meet legally
binding minimum teacher salary schedule obligations;
4.01.2.8 Material failure to comply with
state law governing purchasing or bid requirements;
4.01.2.9 Material default on any school
district debt obligation;
4.01.2.10
Material discrepancies between budgeted and actual school district
expenditures;
4.01.2.11 Material
failure to comply with audit requirements;
4.01.2.12 Material failure to comply with any
provision of the Arkansas Code that specifically places a school district in
fiscal distress based on noncompliance;
4.01.2.13 Material failure to comply with
Ark. Code Ann. §
6-20-1913 or the Division's rules
concerning the minimum qualifications for a general business manager;
or
4.01.2.14 Material failure to
comply with reporting, debt approval, or other requirements placed on a public
school district that has been returned to local control under Ark. Code Ann.
§
6-20-1912; or
4.01.3 Any other fiscal condition of a school
district deemed to have a material detrimental negative impact on the
continuation of educational services by that school district.
4.02 By November 1 of each year,
the Division shall report to the superintendent of a public school district if
the Division is aware that the public school district has experienced two (2)
or more indicators of fiscal distress, as described in 4.01 of these rules, in
one (1) school year that the Division deems to be at a nonmaterial level but
that without intervention could place the public school district in fiscal
distress.
4.03 By November 1 of
each year, the superintendent of a public school district shall report to the
Division if the superintendent is aware the public school district has
experienced two (2) or more indicators of fiscal distress, as described in 4.01
of these rules, in one (1) school year that the superintendent deems to be at a
nonmaterial level but that without intervention could place the public school
district in fiscal distress.
4.04
The Division and the superintendent shall review all data related to the
nonmaterial indicators of fiscal distress.
4.04.1 Within thirty (30) days of the
Division's determination that the public school district may be experiencing
fiscal distress at a nonmaterial level, the Division shall provide a notice to
the public school district's superintendent and board of directors that:
4.04.1.1 Describes the nonmaterial indicators
of fiscal distress that could jeopardize the fiscal integrity of the public
school district if not addressed; and
4.04.1.2 Identifies the support available
from the Division to address each nonmaterial indicator of fiscal
distress.
4.04.2 The
board of directors of the public school district shall place on the agenda for
the next regularly scheduled meeting of the board of directors of the public
school district a discussion of the notice of nonmaterial indicators of fiscal
distress.
4.05 If a
public school district is determined to be experiencing fiscal distress at a
nonmaterial level, the public school district shall:
4.05.1 Comply with all requirements
established by the state board in these rules, including without limitation
review of the public school district's budget, reporting, and the hiring and
termination of staff; and
4.05.2
Not incur any debt without the prior written-approval of the
Division.
4.06 The
Division may request that Arkansas Legislative Audit conduct an annual audit of
a public school district that is determined to be experiencing fiscal distress
at a nonmaterial level under this subsection.
5.00 CLASSIFICATION OF FISCAL DISTRESS STATUS
5.01 Those school districts
identified by the Division as being in fiscal distress shall be classified as
school districts in fiscal distress upon final determination (classification)
by the State Board.
5.02 Any school
district classified as in fiscal distress shall be required to publish at least
one (1) time for two (2) consecutive weeks in a newspaper of general
circulation in the school district the school district's classification as a
school district in fiscal distress and the reasons why the school district was
classified as being in fiscal distress.
5.02.1
The district shall publish this announcement within 30 days of the final
classification by the State Board.
5.02.2 The newspaper of general circulation
may be either a daily or weekly newspaper.
5.03 The provisions of subsections 5.01 and
5.02 of these rules are effective after the school district's appeal rights in
Ark. Code Ann. §
6-20-1905 and section 6.00 of these
rules have been exhausted.
6.00 NOTIFICATION AND APPEAL
6.01 The Division shall provide written
notice, via certified mail, return receipt requested, to the president of the
school board of directors and the superintendent of each school district
identified as being in fiscal distress.
6.01.1 The Division shall provide the notice
on or before June 30 of each year.
6.01.2 At any time after June 30, the
Division may identify a school district as being in fiscal distress if the
Division discovers that a fiscal condition of a school district negatively
impacts the continuation of educational services by the school district. If
this identification occurs, the Division shall immediately provide the same
notice described in section 6.01 of these rules.
6.02 Any school district identified in fiscal
distress status may appeal to the State Board by filing a written appeal with
the Office of the Commissioner of the Division, by certified mail return
receipt requested, within thirty (30) days of receipt of notice of being
identified in fiscal distress status from the Division.
6.03 The State Board shall hear the appeal
within sixty (60) days of receipt of the written notice of appeal from the
school district.
6.04 The written
appeal shall state in clear terms the reason why the school should not be
classified as in fiscal distress.
6.05 Notwithstanding any appeal rights in
Ark. Code Ann. §
6-20-1901 et seq. and these rules,
no appeal shall stay the Division's authority to take action to protect the
fiscal integrity of any school district identified as in fiscal
distress.
6.06 The following
procedures shall apply to State Board hearings involving school districts that
appeal a fiscal distress identification by the Division:
6.06.1 All persons wishing to testify before
the State Board shall first be placed under oath by the Chairperson of the
State Board.
6.06.2 The Division
shall have up to thirty (30) minutes to present its case to the State Board as
to why the school district identified as a district in fiscal distress should
be classified as a school district in fiscal distress. The Chairperson of the
State Board may allow additional time if necessary.
6.06.3 The appealing school district shall
have up to thirty (30) minutes to present its case to the State Board as to why
the school district should not be classified as a school district in fiscal
distress. The Chairperson of the State Board may allow additional time if
necessary.
6.06.4 The State Board
may pose questions to any party at any time during the hearing.
6.06.5 The State Board shall then discuss,
deliberate and vote upon the matter of the classification of fiscal
distress.
6.06.6 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.
6.06.7 The State Board shall issue a written
order concerning the matter.
6.07 The decision of the State Board shall be
a final order, and there is no further right of appeal except that the school
district may appeal to Pulaski County Circuit Court pursuant to the Arkansas
Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et seq.
7.00 FISCAL DISTRESS IMPROVEMENT PLAN
7.01 Those
school districts classified by the State Board as being in fiscal distress
shall file, with the Division within ten (10) days after the final
classification, a written fiscal distress financial improvement plan to address
any area in which the school district is experiencing fiscal distress as
identified by the Division.
7.01.1 The plan
shall contain, at a minimum, the following elements:
7.01.1.1 Identification of each indicator of
fiscal distress;
7.01.1.2 Specific
corrective action steps for each indicator of fiscal distress;
7.01.1.3 A timeline for the completion of
each corrective action step;
7.01.1.4 Additional corrective action steps
the school district proposes to take; and
7.01.1.5 A timeline for each additional
corrective action step proposed by the school district.
7.01.2 The Division is authorized to review
and amend the plan submitted by the school district.
7.01.3 The Division may edit, amend, update,
or replace the plan at any time deemed appropriate.
7.01.4 The school district shall be given
notice of the edited, amended, updated, or replacement plan criteria.
7.01.5 The district may appeal any edit,
amendment or replacement of a plan by filing its written notice of appeal
(which must include an explanation of its concerns) with the Commissioner of
the Division within ten (10) days of receipt of the notice required in
subsection 7.01.4. The appeal shall be heard at the next State Board meeting,
and the State Board's decision shall be final.
7.02 Each school district shall seek and
obtain approval of its plan from the Division and shall describe how the school
district will remedy those areas in which the school district is experiencing
fiscal distress and shall establish the time period by which the school
district will remedy all criteria which placed the school district in fiscal
distress status.
7.03 A school
district in fiscal distress may only petition the State Board for removal from
fiscal distress status after the Division has certified in writing that the
school district has corrected all criteria for being classified as in fiscal
distress, has not experienced any additional indicators of fiscal distress, and
has complied with all Division recommendations and requirements for removal
from fiscal distress status.
7.04
Except as set forth in Ark. Code Ann. §
6-20-1910(e) and
Section 10.05 of these Rules, a school district shall not be allowed to remain
in fiscal distress status for more than five (5) consecutive school years from
the date that the school district was classified as being in fiscal distress
status.
7.05 Any school district
classified as being in fiscal distress status shall be required to receive
on-site technical evaluation and assistance from the Division.
7.06 The Division shall evaluate and make
written recommendations to the district superintendent regarding staffing and
fiscal practices of the school district.
7.07 The written recommendations of the
Division shall be binding on the school district, the superintendent and the
school district board of directors.
7.08 Every six (6) months, the Division shall
submit a written evaluation on the status of each school district in fiscal
distress to the State Board.
7.09
The Division may petition the State Board at any time for the consolidation,
annexation, or reconstitution of a school district in fiscal distress or take
other appropriate action as allowed by Ark. Code Ann. §
6-20-1901 et seq. and these rules
in order to secure and protect the best interest of the educational resources
of the state or to provide for the best interests of students in the school
district. The State Board may approve the petition or take other appropriate
action as allowed by Ark. Code Ann. §
6-20-1901 et seq. and these
rules.
7.10 Except as set forth in
Ark. Code Ann. §
6-20-1910(e) and
Section 10.05 of these Rules, the State Board shall consolidate, annex, or
reconstitute any school district that fails to remove itself from the
classification of a school district in fiscal distress within five (5)
consecutive school years of classification of fiscal distress status unless the
State Board, at its discretion, issues a written finding supported by a
majority of the State Board, explaining in detail that the school district
could not remove itself from fiscal distress due to impossibility caused by
external forces beyond the school district's control.
8.00 DEBT ISSUANCE
8.01 No school district identified in fiscal
distress may incur any debt without the prior written approval of the
Division.
9.00 DIVISION FISCAL DISTRESS ACTIONS
9.01
In addressing public school districts in fiscal distress, the Commissioner of
the Division may:
9.01.1 Remove permanently,
reassign, or suspend on a temporary basis the superintendent of the school
district and:
9.01.1.1 Appoint an individual
in place of the superintendent to administratively operate the school district
under the supervision and approval of the Commissioner;
9.01.1.2 Compensate nondivision agents
operating the school district from school district funding; and
9.01.1.3 Authorize an individual appointed
under 9.01.1.1 to remove, replace, reassign, or suspend public school district
personnel in accordance with state law;
9.01.2 Suspend or remove some or all of the
current board of directors and call for the election of a new board of
directors for the school district, in which case the school district shall
reimburse the county board of election commissioners for election costs as
otherwise recognized by law;
9.01.3
Suspend on a temporary basis some or all of the powers and duties granted to
the current public school district board of directors under Ark. Code Ann.
§
6-13-620 or any other law but allow
the board of directors to continue to operate under the direction and approval
of the Commissioner;
9.01.3.1 The State Board
shall define the powers and duties of the board of directors while the board of
directors is operating under the direction and approval of the
Commissioner.
9.01.3.2 The public
school district board of directors shall act in an advisory capacity to the
Commissioner regarding all powers and duties granted under Ark. Code Ann.
§
6-13-620 that are not defined under
9.01.3.1.
9.01.4 Require
the school district to operate without a local school board of directors under
the supervision of the local superintendent or an individual or panel appointed
by the Commissioner of the Division;
9.01.5 Waive the application of Arkansas law
or the corresponding State Board of Education rules with the exception of:
9.01.5.1 The Teacher Fair Dismissal Act of
1983, Ark. Code Ann. §
6-17-1501 et seq.;
9.01.5.2 The Public School Employee Fair
Hearing Act, Ark. Code Ann. §
6-17-1701 et seq;
9.01.5.3 Special education programs as
provided in state and federal law;
9.01.5.4 Criminal background checks for
employees as provided in state law; and
9.01.5.5 Health and safety codes as
established by the state board and local governmental entities;
9.01.6 Petition the State Board of
Education for the annexation, consolidation, or reconstitution of the school
district;
9.01.7 In the absence of
a school district board of directors, assume all authority of the board of
directors as designated by the State Board of Education as may be necessary for
operation of all school district systems;
9.01.8 Require reassignment of some or all of
the administrative, instructional, or support staff of a public school
district;
9.01.9 Require
reorganization, closure, or dissolution of one (1) or more of the public
schools within the public school district;
9.01.10 Return the administration of the
school district to the former board of directors or to a newly elected board of
directors if:
9.01.10.1 The Division certifies
in writing to the State Board of Education and to the school district that the
school district has corrected all issues that caused the classification of
fiscal distress and the public school district has not experienced any
additional indicators of fiscal distress; and
9.01.10.2 The State Board of Education
determines the school district has corrected all issues that caused the
classification of fiscal distress.
9.01.10.3 If the Commissioner calls for an
election of a new school district board of directors, the school district shall
reimburse the county board of election commissioners for election costs as
otherwise required by law;
9.01.11 Otherwise reconstitute the school
district; or
9.01.12 Take any other
action allowed by law that is deemed necessary to assist a school district in
removing the classification of fiscal distress.
9.02 The Division may impose various
reporting requirements on the school district. The Division may review any and
all school district records and documents.
9.03 The Division shall monitor the fiscal
operations and accounts of the school district.
9.04 The Division shall require school
district staff and employees to obtain fiscal instruction or training in areas
of fiscal concern for the school district.
10.00 STATE BOARD ACTIONS
10.01 After a public hearing, the State Board
of Education shall consolidate, annex, or reconstitute the school district in
fiscal distress to another school district or school districts upon a majority
vote of a quorum of the members of the State Board as permitted or required by
Ark. Code Ann. §
6-20-1901 et seq. and these rules.
10.01.1 After providing thirty (30) days
written notice, via certified mail, return receipt requested, to the
superintendent and the president of the school board of directors, the Division
may petition the State Board for the consolidation, annexation, or
reconstitution of a school district in fiscal distress pursuant to Ark. Code
Ann. §
6-20-1908 and subsection 7.09 of
these rules.
10.01.2 After
providing thirty (30) days written notice, via certified mail, return receipt
requested, to the superintendent and the president of the school board of
directors, the State board, on its own motion, may consolidate, annex, or
reconstitute the school district in fiscal distress as set forth in Ark. Code
Ann. 6-20-1910 and subsection 10.01 of
these rules.
10.02 The
following procedures shall apply to State Board hearings concerning the
consolidation, annexation, or reconstitution of a school district in fiscal
distress:
10.02.1 All persons wishing to
testify before the State Board shall first be placed under oath by the
Chairperson of the State Board.
10.02.2 The Division shall have up to thirty
(30) minutes to present its case to the State Board as to why the school
district classified as a district in fiscal distress should be consolidated,
annexed, or reconstituted. The Chairperson of the State Board may allow
additional time if necessary.
10.02.3 School districts and citizens' groups
opposing the consolidation, annexation, or reconstitution shall have up to a
combined thirty (30) minutes to present their cases to the State Board as to
why the school district classified as a district in fiscal distress should not
be consolidated, annexed or reconstituted. The Chairperson of the State Board
may allow additional time if necessary.
10.02.4 The State Board may pose questions to
any party at any time during the hearing.
10.02.5 The State Board shall then discuss,
deliberate and vote upon the matter of the consolidation, annexation, or
reconstitution of the school district classified as a district in fiscal
distress.
10.02.6 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.
10.02.7 The State Board shall issue a written
order concerning the matter.
10.02.8 If the State Board of Education
orders the annexation or consolidation of a school district in fiscal distress,
the order shall, as appropriate, dissolve existing school districts and
establish receiving or resulting school districts. The order shall also
establish the boundary lines of the receiving or resulting school district or
school districts. The State Board shall file the order with:
10.02.8.1 The county clerk of each county
where a receiving or resulting district is located. The county clerk shall make
a permanent record of the order;
10.02.8.2 The Secretary of State;
and
10.02.8.3 The Arkansas
Geographic Information Systems Office.
10.02.9 It shall be the duty of the Arkansas
Geographic Information Systems Office to make changes in the maps of the school
districts to properly show the boundary lines of the receiving or resulting
districts.
10.03 The
State Board has exclusive jurisdiction to determine the boundary lines of the
receiving or resulting school district and to allocate assets and liabilities
of the school district.
10.04 The
decision of the State Board shall be final with no further right of appeal
except that a school district may appeal to Pulaski County Circuit Court
pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et seq.
10.05 If, by the end of the fifth school year
following the school district's classification of fiscal distress status, the
school district in fiscal distress has not corrected all issues that caused the
classification of fiscal distress, the State Board, after a public hearing,
shall consolidate, annex, or reconstitute the school district under Ark. Code
Ann. §
6-20-1910 and these Rules.
10.05.1 The State Board may grant additional
time for a public school or school district to remove itself from fiscal
distress by issuing a written finding supported by a majority of the State
Board explaining in detail that the public school or school district could not
remove itself from fiscal distress during the relevant time period due to
impossibility caused by external forces beyond the control of the public school
or school district.
10.05.2 Nothing
in Ark. Code Ann. §
6-20-1910 or these Rules shall be
construed to prevent the Division or the State Board from taking any of the
actions listed in Ark. Code Ann. §
6-20-1909 or Ark. Code Ann. §
6-20-1910 at any time to address a
school district in fiscal distress.
11.00 FISCAL SUPPORT AND MONITORING
11.01 When a public school
district is returned to local control or removed from fiscal distress status,
the Division:
11.01.1 Shall monitor the
fiscal operations and accounts of the public school district for a period of
three (3) years;
11.01.2 Shall
provide support to the public school district regarding maintaining fiscal
integrity and best financial management practices; and
11.01.3 May impose various reporting
requirements on the public school district.
11.02 A public school district that is
returned to local control shall:
11.02.1
Comply with all monitoring and reporting requirements established by the
Division and the State Board, including without limitation review of the public
school district's budget and approval for staffing;
11.02.2 Not incur any debt without prior
written approval of the Division; and
11.02.3 Use Arkansas Legislative Audit to
conduct an annual audit.
12.00 GENERAL BUSINESS MANAGER QUALIFICATIONS
12.01 A general business
manager for a public school district or education service cooperative shall
either meet the qualifications of a Certified Arkansas School Business Official
(CASBO) based on the requirements established by the Arkansas Association of
School Business Officials (AASBO), or be enrolled in the CASBO required courses
of study.
12.01.1 The CASBO courses of study
include ten (10) required courses and five (5) electives.
12.01.2 Information pertaining to CASBO
courses is posted on the Arkansas Association of Education Administrators
(AAEA) web site under the Constituent Association AASBO.
.
12.01.3 Membership
in AAEA, AASBO or any other organization is not required in order to obtain
General Business Manager Certification from the Division.
12.02 If not already certified through AASBO,
the general business manager must complete at least five (5) CASBO courses per
year and must complete the ten (10) required and five elective CASBO courses
within three (3) years.
12.02.1 The three-year
timeframe for completing the 15 CASBO courses begins on July 1 preceding the
Cycle 1 report that first names the individual as General Business
Manager.
12.03 After
having obtained certification through AASBO or having completed the CASBO
courses, the general business manager will receive a certificate issued and
dated by the Division with the designation of "Certified General Business
Manager."
12.04 A Certified
General Business Manager must renew his or her certificate by completing at
least two (2) upper-level CASBO courses per year after the date of
certification.
12.04.1 The two (2)
upper-level CASBO courses must be completed during the fiscal year beginning
July 1 following the date of certification and each year thereafter.
12.05 Any individual named as
general business manager who fails to complete certification within the
designated time or who fails to renew his or her certification will not be able
to perform the functions of that role until certification requirements are
met.
12.06 If the general business
manager for a school district or education service cooperative fails to obtain
certification within the designated time or who fails to renew his or her
certification, the school district or education service cooperative must
appoint another person to the position who meets the general business manager
qualifications listed above.
12.07
A general business manager who was hired before July 31, 2007, is exempt from
these requirements as long as they remain with the same school
district.
12.08 School districts
and education service cooperatives shall report the name and qualification
status of its general business manager in the Cycle 1 report submitted each
year through the Arkansas Public School Computer Network
(APSCN).
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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