Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.21-008 - Rules Governing Consolidation and Annexation of School Districts
Universal Citation: AR Admin Rules 005.28.21-008
Current through Register Vol. 49, No. 9, September, 2024
DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS
Effective May 2, 2022
CHAPTER 1: AUTHORITY AND DEFINITIONS
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. §§
6-13-1401 et seq. and
6-13-1601 et
seq.
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
CHAPTER 2: 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
Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 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. § 6-14122; 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
Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 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 is 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 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 Systems 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
Systems 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 Systems 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
Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 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
Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 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 under 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 is 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 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 Systems 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
Systems 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 Systems 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, fiscal, or facilities distress requirements pursuant to The
Quality Education Act of 2003, Ark. Code Ann. §
6-15-201 et seq., the Arkansas
Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 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 single-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)(1)(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
Systems 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
Systems 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 Systems 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 district's 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
Systems 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 Systems 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 Systems Office.
13.12 A receiving district that received an
affected district as a result of a voluntary administrative annexation under
§
6-13-1601
et seq.
shall notify all contiguous public school districts of its intent to close a
public school campus that is part of an affected district a minimum of (1) year
before the closure of the public school campus.
13.12.1 An affected district under Section
13.12 of these rules shall have been the result of a voluntary administrative
annexation under §
6-13-1601
et seq.
that occurred no more than twenty (20) years ago.
13.13 Upon receiving notice from the
receiving district under Section 13.12 of these rules, a contiguous public
school district may:
13.13.1 Notify the
receiving district of its interest in accepting the affected district for
purposes of keeping the public school campus open, and;
13.13.2 Petition the State Board of Education
to reverse the previous voluntary administrative annexation under §
6-13-1601
et seq.
and consolidate the affected district into the contiguous public school
district.
13.13.2 A petition under
Section 13.13.2 of these rules shall include the following without limitation:
13.13.2.1 How the contiguous public school
district intends to serve the students of the affected district;
13.13.2.2 Evidence that the consolidation
will not cause fiscal hardship on the contiguous public school district;
and
13.13.2.3 Evidence that the
consolidation will not cause fiscal hardship on the affected district.
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. §
6-13-634.
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. § 6-131416 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. § 6-13631 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 Systems 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 Systems 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
CHAPTER 3: ADMINISTRATIVE CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS
15.00
ADMINISTRATIVE
CONSOLIDATION LIST
15.01 By January 1
of each year, the Division of Elementary and Secondary 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
Division of Elementary and Secondary 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 unless the school district has been granted a waiver under §
6-13-1613 and Section 28.00 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. § 6-131603 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. §
6-131409 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 Division of Elementary and Secondary
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
RETENTION OF
HISTORICAL RECORDS AND DOCUMENTS
17.01
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:
17.01.1
Student transcripts;
17.01.2
Graduation records;
17.01.3 Minutes
and other legal documents of the local board of directors;
17.01.4 Maps or boundary documents;
17.01.5 Sports records, trophies, and
awards;
17.01.6 Employee records;
and
17.01.7 Financial records.
Source: Ark. Code Ann. § 6-13-1607
18.00
AUDIT
REQUIRED
18.01 The Arkansas 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.
18.02 The
comprehensive financial review shall begin no less than ten (10) days after the
earliest of:
18.02.1 The publication of the
district's name on the consolidation and annexation list under Ark. Code Ann.
§
6-13-1602;
18.02.2 The filing of a petition for
voluntary administrative consolidation or administrative annexation;
or
18.02.3 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.
18.03 Beginning on the date of
publication of the consolidation list under Ark. Code Ann. §
6-13-1602 and Section 15.00 of
these rules each year, the Division of Elementary and Secondary 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.
18.03.1 No contract or other debt obligation
incurred by a school district for which the Division has oversight authority
under Ark. Code Ann. §
6-13-1608 and Section 18.00 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.
18.04 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.
18.05 The
Division of Elementary and Secondary Education and the Arkansas 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 18.00 of
these rules.
18.06 A school
district may not incur debt without the prior written approval of the Division
of Elementary and Secondary Education if the school district is identified by
the Division of Elementary and Secondary 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
19.00
PRESERVATION
OF HISTORICAL SCHOOL ARTIFACTS
19.01
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
20.00
FINANCIAL
RELIEF FOR DEBTS ACQUIRED AS A RESULT OF INVOLUNTARY CONSOLIDATIONS
20.01 As used in Section 20.00 of these
rules:
20.01.1 "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;
20.01.2 "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;
20.01.3 "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;
20.01.4 "Excess accounts
payable" means accounts payable of an Act 60 school district that exceed
available funding; and
20.01.5
"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
Division of Elementary and Secondary Education to require an expenditure of
funds by the resulting school district to be correct.
20.02 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
Division of Elementary and Secondary Education shall provide supplemental
funding to the resulting district.
20.03 The amount of the supplemental funding
provided under Ark. Code Ann. §
6-13-1610(b) and
Section 20.02 of these rules shall be equal to the amount of the excess
accounts payable and improper expenditure exceptions assumed by the resulting
school district.
20.03.1 The amount of
accounts payable, excess accounts payable, improper expenditure exceptions, and
available funding shall be determined by the Division of Elementary and
Secondary Education based on information provided in a final audit and other
verifiable fiscal information available to the Division of Elementary and
Secondary Education.
20.03.2 The
audit of an Act 60 school district required under Ark. Code Ann. §
6-13-1610 and Section 20.00 of
these rules shall be completed within the time under Ark. Code Ann. §
6-20-1801(d) for
school districts in fiscal distress.
20.03.3 No supplemental funding shall be paid
under this section until after completion of a final audit by the Arkansas
Legislative Audit or a private certified public accountant that may conduct
school district audits under Ark. Code Ann. §
6-20-1801.
20.04 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 Division of Elementary and Secondary 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.
20.04.1 No contract or other debt obligation
incurred by a school district for which the Division of Elementary and
Secondary Education has oversight authority under Ark. Code Ann. §
6-13-1610 and Section 20.00 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
21.00
ANNUAL
REPORTS
21.01 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 Division of Elementary and Secondary
Education indicating:
21.01.1 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:
21.01.1.1 Parent-teacher
associations;
21.01.1.2 Booster
clubs; and
21.01.1.3 Parent
involvement committees;
21.01.2 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
21.01.3 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.
21.02 The
Division of Elementary and Secondary 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:
21.02.1 Opportunities for inclusion or
participation in the resulting or receiving district; and
21.02.2 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
22.00
ACADEMIC
SUPPORT CENTERS
22.01 The purpose of
Ark. Code Ann. §
6-13-1612 and Section 22.00 of
these rules is to:
22.01.1 Prevent students
who attend administratively consolidated or administratively annexed schools
from returning home to communities with little or no opportunities for
supplemental academic support;
22.01.2 Increase opportunities for access to
library materials, academic resource materials, and educational technology for
these students within their local communities; and
22.01.3 Help advance academic performance for
these students by providing opportunities for homework and tutorial assistance
based on the Arkansas academic standards.
22.02 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 22.00 of these rules.
22.03
The Division of Elementary and Secondary 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
CHAPTER 4: CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
23.00
DEFINITIONS APPLICABLE TO
CONSOLIDATION AND ANNEXATION INCENTIVE FUNDING
For the purposes of Sections 23.00 through 25.00 of these rules, the following definitions apply:
23.01 "Annexation" includes both Annexation
and Administrative Annexation as defined in Section 3.00 of these
Rules.
23.02 "Consolidation"
includes both Consolidation and Administrative Consolidation as defined in
Section 3.00 of these Rules.
23.03
"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.
23.04 "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.
23.05 "Funding Factor"
means a factor established by the Division of Elementary and Secondary
Education (Division) to ensure that the calculated funding does not exceed the
funds available for consolidation/annexation incentive
funding.
24.00
GUIDELINES FOR THE DISTRIBUTION OF CONSOLIDATION AND ANNEXATION INCENTIVE
FUNDING
24.01 The distribution of
consolidation and annexation incentive funding is dependent upon appropriation
and funding by the Arkansas General Assembly.
24.02 Consolidation/annexation incentive
funding shall be determined as follows:
24.02.1 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.
24.02.2 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).
24.02.3 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
is three hundred (300).
24.02.4 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).
24.02.5 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).
24.02.6 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).
24.02.7 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).
24.02.8 If a
district is annexed by multiple school districts, the incentive funding shall
be computed as in Sections 24.02.1 through 24.02.7 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.
25.00
GENERAL
REQUIREMENTS
25.01
Consolidation/annexation incentive funding shall be distributed to either the
resulting district(s) established after consolidation or the receiving
district(s) after annexation.
25.02
Any district that has received consolidation/annexation incentive funds and
subsequently dissolves shall be liable to the Division of Elementary and
Secondary Education for the full or apportioned amount of incentive funding
received if any of the following conditions result due to the dissolution:
25.02.1 Districts are formed with
substantially the same boundaries as the former districts prior to
consolidation or annexation;
25.02.2 The ability of any district to
desegregate or remain desegregated is inhibited;
25.02.3 The ability of the State to ensure
that students are provided a quality education in an efficient manner is
inhibited.
25.03 Any
repayment due, as required in Section 25.02 above, shall be paid from the
assets of the district prior to dissolution of the district. The Division of
Elementary and Secondary Education may withhold, from any state funding due the
district, the amount of repayment funds or a portion thereof.
25.04 In the event full repayment is not made
as required under Section 25.02 above, the Division of Elementary and Secondary
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 Division determines that such apportionment would be inequitable. In such
case, the State Board shall apportion the repayment among the districts upon an
equitable basis.
26.00
STATE BOARD HEARING PROCEDURES - VOLUNTARY CONSOLIDATIONS AND
ANNEXATIONS
26.01 All persons wishing
to testify before the State Board shall first be placed under oath by the
Chairperson of the State Board.
26.02 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.
26.03 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.
26.04
The spokesperson(s) for the petitioning school districts shall have a total of
ten (10) minutes to present closing remarks to the State Board. The State Board
may allow more than ten (10) minutes if necessary.
26.05 The spokesperson(s) for any individual
or group of citizens that opposes the petition shall have a total of ten (10)
minutes to present closing remarks to the State Board. The State Board may
allow more than ten (10) minutes if necessary.
26.06 The State Board shall then discuss,
deliberate and vote upon the matter of approving or denying the school
districts' petition.
26.07 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.
26.08 The State Board
shall issue a written order concerning the matter.
27.00
STATE BOARD HEARING PROCEDURES -
INVOLUNTARY 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 Division of Elementary and Secondary Education shall
have a total of twenty (20) minutes to present the Division's 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 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.
27.04 The
spokesperson(s) for the Division shall have a total of ten (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 annexation or consolidation shall have a
total of ten (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.
CHAPTER 5: WAIVERS
28.00
MINIMUM SCHOOL DISTRICT SIZE
WAIVER
28.01 A school district that is
placed on the consolidation list published by the Division of Elementary and
Secondary Education under §
6-13-1602(2) may
annually request a waiver from the average daily membership requirement of
three hundred fifty (350) students from the State Board of Education.
28.02 A school district shall submit a
petition for a waiver to the State Board no later than thirty (30) days after
the consolidation list is published. The petition for waiver shall include:
28.02.1 The average daily membership of the
school district in the current school year;
28.02.2 A statement that the school district
is not in probationary status for any violation of the Standards for
Accreditation of Arkansas Public Schools and School Districts;
28.02.3 A copy of the school district's
current year budget and any fiscal audit conducted within the previous two
years; and
28.02.4 A statement of
assurance that the school district is not currently classified in academic
distress, fiscal distress, or facilities distress.
28.03 The State Board shall render a decision
to either grant or reject a petition for waiver that is received by a school
district within forty-five (45) days of receipt.
28.04 The State Board shall grant a petition
for a waiver if it is demonstrated by the school district that:
28.04.1 The school district is not currently
classified in academic distress, fiscal distress, or facilities distress;
28.04.2 The school district is not
in probationary status for a violation of the Standards for Accreditation of
Arkansas Public Schools and School Districts;
28.04.3 The academic facilities owned and
operated by the school district are adequate as evidenced by the school
district's facilities master plan; and
28.04.4 It is in the best interest of the
students in the school district to keep the school district open due to the
length of potential time spent on the bus by a student traveling to and from
school should the school district be administratively reorganized, as assured
by the school board of directors of the school district requesting the
waiver.
28.05 The State
Board may revoke a waiver that has been granted to a school district at anytime
if it is found that the conditions under §
6-13-1613(b)(2)(A)
and Section 28.04 of these rules change. A hearing shall be conducted using the
following procedures:
28.05.1 All persons
wishing to testify before the State Board shall first be placed under oath by
the Chairperson of the State Board.
28.05.2 The spokesperson(s) for the Division
of Elementary and Secondary Education shall have a total of twenty (20) minutes
to present the Division's remarks. The State Board may allow more than twenty
(20) minutes if necessary.
28.05.3
The spokesperson(s) for the district shall have a total of twenty (20) minutes
to present the district's remarks. The State Board may allow more than twenty
(20) minutes if necessary.
28.05.4
The spokesperson(s) for the Division shall have a total of ten (10) minutes to
present closing remarks to the State Board. The State Board may allow more than
ten (10) minutes if necessary.
28.05.5 The spokesperson(s) for the district
shall have a total of ten (10) minutes to present closing remarks to the State
Board. The State Board may allow more than ten (10) minutes if
necessary.
28.05.6 The State Board
shall then discuss, deliberate and vote upon the matter of revoking the school
districts' waiver.
28.05.7 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.
28.05.8 The State Board
shall issue a written order concerning the matter.
28.06 A school district that is granted a
waiver shall remain listed on the consolidation list that is published annually
by the Division of Elementary and Secondary Education.
Source: Ark. Code Ann. § 6-13-1613
APPENDIX A
ATTACHMENTS PERTAINING TO ANNEXATIONS AND CONSOLIDATIONS OF SCHOOL DISTRICTS (NON-ADMINISTRATIVE)
BEFORE THE ARKANSAS STATE BOARD OF EDUCATION IN THE MATTER OF THE ANNEXATION OF ________________SCHOOL
DISTRICT(S) OF _____________COUNTY INTO THE ___________________SCHOOL
DISTRICT OF __________________COUNTY:
PETITION FOR ANNEXATION
COMES NOW the __________________School District(s) of ___________County and the __________________School District of ____________County (Petitioners), acting by and through their respective Superintendent(s) duly authorized, pursuant to Ark. Code Ann. § 6-131401 et seq., and petition the Arkansas State Board of Education (Board) to approve the annexation of the petitioning affected school district(s) into the petitioning receiving _____________School District, and hereby would submit to the Board as follows:
1. Pursuant to
Ark. Code Ann. §
6-13-1401 et seq., the Petitioners
hereby submit and incorporate in this petition as Exhibit A attached hereto,
proof of legally binding local board resolutions to annex the __________School
District(s) into the receiving ___________School District as approved by a
majority of the members of the local boards of education of the respective
Petitioners.
2. The Petitioners
hereby submit and incorporate in this petition as Exhibit B attached hereto,
proof of public notice of intent to petition this Board to annex the
Petitioners into the receiving _____________School District. Said public notice
of intent to annex (was)(was not) published in the local newspaper(s) of
general circulation (or in a state newspaper of daily circulation if local
newspaper does not exist on weekly basis) of the affected districts for a time
period of no less than once a week for two (2) consecutive weeks immediately
prior to the filing of this petition with this Board.
3. The Petitioners submit that at the proper
school election following the petitioned annexation, the receiving
__________School District shall elect ____local board members in compliance
with Ark Code Ann. §§
6-13-1416 and
6-13-1417.
4. The Petitioners submit that their
respective school districts are geographically contiguous or that the Board
should approve the petitioned non-contiguous annexation because the annexation
will result in (a) the overall improvement in the educational benefit to
students in all of the school districts involved, or (b) will provide a
significant advantage in transportation costs or service to all of the school
districts involved based on the following factual reasons:
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
5. The Petitioners submit that
they hereby request through the State Board, an Attorney General Opinion
declaring whether the petitioned annexation will or will not hamper, delay or
in any manner negatively affect the desegregation of another school district or
districts in this state. Upon receipt, the resulting opinion shall be
incorporated herein and attached hereto as Exhibit C.
6. Pursuant to Ark. Code Ann. §
6-13-1401 et seq., the Petitioners
hereby submit and declare that the effective date of this petitioned annexation
shall be July 1, and that there shall be only one local school board and one
local superintendent of the receiving ________________School
District.
7. The Petitioners hereby
submit an affidavit of facts by the superintendent of the affected school
district(s), which is incorporated as Exhibit D, concerning the relevant status
of any federal court-ordered supervision or jurisdiction of desegregation cases
involving the affected districts.
8. The Petitioners hereby submit and
incorporate in this petition as Exhibit E attached hereto, the written
agreement required by Ark. Code Ann. §
6-13-1416.
WHEREFORE, Petitioners request that the Board approve the annexation of the
____________School District(s) of _____________County into the receiving
_______________School District of ______________County; that it issue an Order dissolving the affected school district(s) and establishing the receiving __________School District; that it issue an Order establishing the boundary lines of the receiving school district; and that it file its Order with the County Clerks of __________and ___________Counties, Arkansas, with the Secretary of State and with the Arkansas Geographic Information Systems Office.
Respectfully submitted,
________________School District
______________County
By: ________________________________
Superintendent Date
President, School Board Date
______________School District
______________County
By: _______________________________
Superintendent Date
_____________________
President, School Board Date
BEFORE THE ARKANSAS STATE BOARD OF EDUCATION
IN THE MATTER OF THE CONSOLIDATION OF _________________SCHOOL
DISTRICT(S) OF _____________COUNTY AND THE ___________________SCHOOL
DISTRICT OF __________________COUNTY:
PETITION FOR CONSOLIDATION
COMES NOW the __________________School District(s) of ___________County and the __________________School District of ____________County (Petitioners), acting by and through their respective Superintendent(s) duly authorized, pursuant to Ark. Code Ann. § 6-131401 et seq., and petition the Arkansas State Board of Education (Board) to approve the consolidation of the Petitioners into the resulting _____________School District, and hereby would submit to the Board as follows:
1. Pursuant to Ark. Code Ann. §
6-13-1401 et seq., the Petitioners
hereby submit and incorporate in this petition as Exhibit A attached hereto,
proof of legally binding local board resolutions to consolidate the
__________and ____________School District(s) into the resulting
___________School District as approved by a majority of the members of the
local boards of education of the respective Petitioners.
2. The Petitioners hereby submit and
incorporate in this petition as Exhibit B attached hereto, proof of public
notice of intent to petition this Board to consolidate the Petitioners into the
resulting _____________School District. Said public notice of intent to
consolidate (was)(was not) published in the local newspaper(s) of general
circulation (or in state newspaper of local daily circulation if local
newspaper does not exist on weekly basis) of the affected districts for a time
period of no less than once a week for two (2) consecutive weeks immediately
prior to the filing of this petition with this Board.
3. The Petitioners submit that at the proper
school election following the petitioned consolidation, the resulting
__________School District shall elect ____ local board members in compliance
with Ark. Code Ann. §§
6-13-1416 and
6-13-1417.
4. The Petitioners submit that their
respective school districts are geographically contiguous or that the Board
should approve the petitioned non-contiguous consolidation because the
consolidation will result in (a) the overall improvement in the educational
benefits to students in all of the school districts involved, or (b) will
provide a significant advantage in transportation costs or service to all of
the school districts involved based on the following factual reasons:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
5. The Petitioners submit that
they hereby request through the State Board, an Attorney General Opinion
declaring whether the petitioned consolidation will or will not hamper, delay
or in any manner negatively affect the desegregation of another school district
or districts in this state. Upon receipt, the resulting opinion shall be
incorporated herein and attached hereto as Exhibit C.
6. Pursuant to Ark. Code Ann. §
6-13-1401 et seq., the Petitioners
hereby submit and declare that the effective date of this petitioned
consolidation shall be July 1, and that there shall be only one local school
board and one local superintendent of the resulting ________________School
District.
7. The Petitioners hereby
submit an affidavit of facts by the superintendent of the affected school
districts, which is incorporated as Exhibit D, concerning the relevant status
of any federal court-ordered supervision or jurisdiction of desegregation cases
involving the affected districts.
8. The Petitioners hereby submit and
incorporate in this petition as Exhibit E attached hereto, the written
agreement required by Ark. Code Ann. §
6-13-1416.
WHEREFORE, Petitioners request that the Board approve the consolidation of the ___________School District(s) of _________County and the ______________School District of ___________County into the resulting ___________School District; that it issue an Order dissolving the affected school districts and establishing the resulting school district; that it issue an Order establishing the boundary lines of the resulting school district; and that it file its Order with the County Clerks of the _______________ and ________________Counties, Arkansas,
with the Secretary of State and with the Arkansas Geographic Information Systems Office.
Respectfully submitted,
______________School District
______________County
By: _______________________________
Superintendent Date
President, School Board Date
_________________School District
______________County
By: ________________________________
Superintendent Date
_________________________
President, School Board Date
Exhibit A
SCHOOL BOARD RESOLUTION
COMES NOW the __________________School District Board acting by and through its
Superintendent duly authorized and do herein declare:
A special or regular school board meeting was held on __________________, 20___, wherein a quorum was present and a majority of the board membership voted to approve the consolidation/annexation of the __________________School District with the _______________________School District, and the minutes of said meeting reflect such. Therefore, this document is to serve as the formal resolution of the __________________School District Board of Directors, pursuant to Arkansas law, that said consolidation/annexation is hereby approved.
___________________________
School District
of _____________________County
By: ________________________________________
Superintendent Date
By: ________________________________________
President, School Board Date
EXHIBIT D
AFFIDAVIT CONCERNING DESEGREGATION ORDERS
COMES NOW the _______________________________School District, acting by and through its Superintendent, and hereby states and represents to the State Board of Education that, to the best of my knowledge, the ________________________________School District currently (circle one) (is)(is not) involved in desegregation litigation in a United States Federal Court or is under the continuing jurisdiction of a United States Federal Court Order regarding desegregation of a public school or schools (see "*" at bottom of affidavit).
Further the affiant sayeth not.
IN WITNESS WHEREOF, I hereunto set my hand this ______day of ______________, 20_____.
________________
Superintendent
COUNTY of ________________
STATE OF ARKANSAS
Sworn and subscribed before me, Notary Public, this ______day of ________, 20_____.
__________________
Notary Public
My Commission expires:
_________________________
* = If you answered, "is involved in desegregation litigation, etc." above, please attach a copy of any applicable Court orders or other relevant documentation.
APPENDIX B
ATTACHMENTS PERTAINING TO ADMINISTRATIVE ANNEXATIONS AND CONSOLIDATIONS OF SCHOOL DISTRICTS
BEFORE THE ARKANSAS STATE BOARD OF EDUCATION
IN THE MATTER OF THE ANNEXATION OF ________________SCHOOL
DISTRICT(S) OF _____________COUNTY INTO THE ___________________SCHOOL
DISTRICT OF __________________COUNTY:
PETITION FOR VOLUNTARY ADMINISTRATIVE ANNEXATION
COMES NOW the __________________School District(s) of ___________County and the __________________School District of ____________County (Petitioners), acting by and through their respective Superintendent(s) duly authorized, pursuant to Ark. Code Ann. § 6-131601 et seq., and petition the Arkansas State Board of Education (Board) to approve the voluntary administrative annexation of the petitioning affected school district(s) into the petitioning receiving _____________School District, and hereby would submit to the Board as follows:
1. Pursuant to Ark. Code Ann. §
6-13-1601 et seq., the Petitioners
hereby submit and incorporate in this petition as Exhibit A attached hereto,
proof of legally binding local board resolutions to annex the __________School
District(s) into the receiving ___________School District as approved by a
majority of the members of the local boards of education of the respective
Petitioners.
2. The Petitioners
hereby submit and incorporate in this petition as Exhibit B attached hereto,
(submit only if public notice was published in the newspaper) proof of public
notice of intent to petition this Board to annex the Petitioners into the
receiving _____________ School District. Said public notice of intent to annex
(was)(was not) published in the local newspaper(s) of general circulation (or
in a state newspaper of daily circulation if local newspaper does not exist on
weekly basis) of the affected districts for a time period of no less than once
a week for two (2) consecutive weeks immediately prior to the filing of this
petition with this Board.
3. The
Petitioners submit that the average daily membership in each of the two (2)
school years immediately preceding the __________school year were _____and
_____for the __________School District and ______and ______for the
______________School District.
4.
Pursuant to Ark. Code Ann. §
6-13-1603(b), the
Petitioners submit and incorporate an affidavit of proof as Exhibit C that the
previous average daily membership of the affected school districts was a
combined average daily membership of _______for the __________school year,
which is an average daily membership meeting or exceeding three hundred fifty
(350) total students.
5. The
Petitioners submit that at the proper school election following the petitioned
annexation, the receiving __________School District shall elect ____local board
members in compliance with Ark. Code Ann. §§
6-13-1416 and
6-13-1417.
6. The Petitioners submit that their
respective school districts are geographically contiguous or that the Board
should approve the petitioned non-contiguous annexation because the annexation
will result in (a) the overall improvement in the educational benefit to
students in all of the school districts involved, or (b) will provide a
significant advantage in transportation costs or service to all of the school
districts involved based on the following factual reasons:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
7. The Petitioners submit that
they hereby request through the State Board, an Attorney General Opinion
declaring whether the petitioned annexation will or will not hamper, delay or
in any manner negatively affect the desegregation of another school district or
districts in this state. Upon receipt, the resulting opinion shall be
incorporated herein and attached hereto as Exhibit D.
8. Pursuant to Ark. Code Ann. §
6-13-1601 et seq., the Petitioners
hereby submit and declare that the effective date of this petitioned annexation
shall be July 1, __________, and that there shall be only one local school
board and one local superintendent of the receiving ________________School
District.
9. If Petitioners are
claiming Isolated School status, Petitioners hereby submit that the
_____________School District(s) qualify as an isolated school as certified by
the attached affidavit of Isolated School Status incorporated in this petition
as Exhibit E attached hereto.
10.
The Petitioners hereby submit an affidavit of facts by the superintendent of
the affected school district(s), which is incorporated as Exhibit F, concerning
the relevant status of any federal court-ordered supervision or jurisdiction of
desegregation cases involving the affected districts.
11. The Petitioners hereby submit and
incorporate in this petition as Exhibit G attached hereto, the written
agreement required by Ark. Code Ann. §
6-13-1416.
WHEREFORE, Petitioners request that the Board approve the annexation of the ____________School District(s) of _____________County into the receiving _______________School District of ______________County; that it issue an Order dissolving the affected school district(s) and establishing the receiving __________School District; that it issue an Order establishing the boundary lines of the receiving school district; and that it file its Order with the County Clerks of __________and ___________Counties, Arkansas, with the Secretary of State and with the Geographic Information Systems Office.
Respectfully submitted,
________________School District
______________County
By: ________________________________
Superintendent Date
_______________________________
President, School Board Date
________________School District
______________County
By: _______________________________
Superintendent Date
_____________________________
President, School Board Date
BEFORE THE ARKANSAS STATE BOARD OF EDUCATION
IN THE MATTER OF THE CONSOLIDATION OF _________________SCHOOL
DISTRICT(S) OF _____________COUNTY AND THE ___________________SCHOOL
DISTRICT OF __________________COUNTY:
PETITION FOR VOLUNTARY ADMINISTRATIVE CONSOLIDATION
COMES NOW the __________________School District(s) of ___________County and the __________________School District of ____________County (Petitioners), acting by and through their respective Superintendent(s) duly authorized, pursuant to Ark. Code Ann. § 6-131601 et seq., and petition the Arkansas State Board of Education (Board) to approve the voluntary administrative consolidation of the Petitioners into the resulting _____________ School District, and hereby would submit to the Board as follows:
1. Pursuant to Ark. Code
Ann. §
6-13-1601 et seq., the Petitioners
hereby submit and incorporate in this petition as Exhibit A attached hereto,
proof of legally binding local board resolutions to consolidate the
__________and ____________School District(s) into the resulting
___________School District as approved by a majority of the members of the
local boards of education of the respective Petitioners.
2. The Petitioners hereby submit and
incorporate in this petition as Exhibit B attached hereto, (submit only if
public notice was published in the newspaper) proof of public notice of intent
to petition this Board to consolidate the Petitioners into the resulting
_____________School District. Said public notice of intent to consolidate
(was)(was not) published in the local newspaper(s) of general circulation (or
in state newspaper of local daily circulation if local newspaper does not exist
on weekly basis) of the affected districts for a time period of no less than
once a week for two (2) consecutive weeks immediately prior to the filing of
this petition with this Board.
3.
The Petitioners submit that the average daily membership in each of the two (2)
school years immediately preceding the __________school year were _____and
_____for the
__________School District and ______and _____for the __________School District.
4. Pursuant to Ark. Code Ann. §
6-13-1603(b), the
Petitioners submit and incorporate an affidavit of proof as Exhibit C that the
previous average daily membership of the affected school districts was a
combined average daily membership of ______for the __________school year, which
is an average daily membership meeting or exceeding three hundred fifty (350)
total students.
5. Pursuant to Ark.
Code Ann. §
6-13-1416, the Petitioners submit
that this petitioned consolidation is pursuant to Ark. Code Ann. §
6-13-1602 and that an interim local
board of seven (7) board members in accord with Ark. Code Ann. §
6-13-1416 shall be established by
________________, and the interim board shall be made up of board members of
the affected former districts in proportion to the student's population in the
former affected districts.
6. The
Petitioners submit that at the first regular school election following the
petitioned consolidation, the resulting __________School District shall elect
____local board members by zoned elections in compliance with Ark. Code Ann.
§§
6-13-1416 and
6-13-1417.
7. The Petitioners submit that their
respective school districts are geographically contiguous or that the Board
should approve the petitioned non-contiguous consolidation because the
consolidation will result in (a) the overall improvement in the educational
benefits to students in all of the school districts involved, or (b) will
provide a significant advantage in transportation costs or service to all of
the school districts involved based on the following factual reasons:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
8. The Petitioners submit that
they hereby request through the State Board, an Attorney General Opinion
declaring whether the petitioned consolidation will or will not hamper, delay
or in any manner negatively affect the desegregation of another school district
or districts in this state. Upon receipt, the resulting opinion shall be
incorporated herein and attached hereto as Exhibit D.
9. Pursuant to Ark. Code Ann. §
6-13-1601 et seq., the Petitioners
hereby submit and declare that the effective date of this petitioned
consolidation shall be July 1, __________, and that there shall be only one
local school board and one local superintendent of the resulting
________________School District.
10. If Petitioners are claiming Isolated
School status, Petitioners hereby submit that the _____________School
District(s) qualify as isolated schools as certified by the attached affidavit
of Isolated School Status incorporated in this petition as Exhibit E attached
hereto.
11. The Petitioners hereby
submit an affidavit of facts by the superintendent of the affected school
district, which is incorporated as Exhibit F, concerning the relevant status of
any federal court-ordered supervision or jurisdiction of desegregation cases
involving the affected districts.
12. The Petitioners hereby submit and
incorporate in this petition as Exhibit G attached hereto, the written
agreement required by Ark. Code Ann. §
6-13-1416.
WHEREFORE, Petitioners request that the Board approve the consolidation of the ___________School District(s) of _________County and the ______________School District of ___________County into the resulting ___________School District; that it issue an Order dissolving the affected school districts and establishing the resulting school district; that it issue an Order establishing the boundary lines of the resulting school district; and that if file its Order with the County Clerks of the _______________ and ________________Counties, Arkansas, the Secretary of State and the Arkansas Geographic Information Systems Office.
Respectfully submitted,
________________School District
______________County
By: _______________________________
Superintendent Date
_________________________________
President, School Board Date
_________________School District
______________County
By: ________________________________
Superintendent Date
______________________________
President, School Board Date
Exhibit A
SCHOOL BOARD RESOLUTION
COMES NOW the __________________School District Board acting by and through its
Superintendent duly authorized and do herein declare:
A special or regular school board meeting was held on __________________, __________, wherein a quorum was present and a majority of the membership voted to approve the consolidation/annexation of the __________________School District with the _______________________School District, and the minutes of said meeting reflect such. Therefore, this document is to serve as the formal resolution of the __________________School District Board of Directors, pursuant to Arkansas law, that said consolidation/annexation is hereby approved.
___________________________School District
of _____________________County
By: ________________________________________
Superintendent Date
By: ________________________________________
President, School Board Date
Exhibit C
AFFIDAVIT OF AVERAGE DAILY MEMBERSHIP
COMES NOW the affiant, _________________, Superintendent of the
_____________________School District, and having been duly sworn, states under oath as follows:
1. The average daily membership (ADM) of the
_________________School District, as that term is defined in Ark. Code Ann.
§
6-13-1601(4), was
____________students for the __________school year and _____________students
for the ________school year.
2. The
combined average daily membership of the affected school districts was
________for the __________school year, an average daily membership meeting or
exceeding three hundred fifty (350) total students.
FURTHER, affiant says not.
IN WITNESS WHEREOF, I hereunto set my hand this _________day of
________________,__________.
___________________
Superintendent
County of ___________________
State of Arkansas
Sworn and subscribed before me, Notary Public, this ____________day of
___________________,__________.
_________________
Notary Public
My Commission expires:
Exhibit E
AFFIDAVIT OF ISOLATED SCHOOL STATUS
Comes the affiant, ________________, Superintendent of the ________________ School District, and having been duly sworn, states under oath as follows:
1. My name is
___________________. I am the Superintendent of the __________________School
District.
2. My business address is
__________________.
3. I am aware
that pursuant to Ark. Code Ann. §
6-20-601 a school district must
meet four (4) of five (5) criteria to qualify as an isolated school.
4. I am aware that pursuant to Ark. Code Ann.
§
6-20-602 an isolated school must
qualify as an isolated school district under Ark. Code Ann. §
6-20-601 prior to the
administrative consolidation or annexation petitioned for herein.
5. I hereby submit that prior to the
effective date of the administrative consolidation or annexation, the
_________________School District qualified as an isolated school district and,
therefore, is entitled to the rights and privileges conferred on an isolated
school pursuant to Ark. Code Ann. §
6-20-602.
6. I hereby declare that the
__________________School District qualifies for isolated status because the
school district meets the following list of at least four (4) of the five (5)
criteria of being an isolated school district: (circle appropriate responses
and provide relevant data in the blanks)
a.
There is a distance of twelve (12) miles or more by hard-surfaced highway from
the high school of the district to the nearest adjacent high school in an
adjoining district. The distance is ___________.
b. The density ratio of transported students
is less than three (3) students per square mile of area. The density ratio is
______________.
c. The total area
of the district is ninety-five (95) square miles or greater. The total area is
__________square miles.
d. Less
than fifty percent (50%) of bus route miles are on hardsurfaced roads. The
percent of bus route miles on hard-surface roads is.
e. There are geographic barriers such as
lakes, rivers, and mountain ranges which would impede travel to schools that
otherwise would be appropriate for consolidation, cooperative programs, and
shared services. The geographic barriers are _____________________.
7. Further the affiant sayeth not.
IN WITNESS WHEREOF, I hereunto set my hand this __________day of
_______________,__________.
____________________
Superintendent
COUNTY OF ___________________
STATE OF ARKANSAS
Sworn and subscribed before me, Notary Public, this ______________day of _______________, __________.
____________________
Notary Public
My Commission expires:
__________________________
EXHIBIT F
AFFIDAVIT CONCERNING DESEGREGATION ORDERS
COMES NOW the _______________________________School District, acting by and through its Superintendent, and hereby states and represents to the State Board of Education that, to the best of my knowledge, the ________________________________ School District currently (circle one) (is)(is not) involved in desegregation litigation in a United States Federal Court or is under the continuing jurisdiction of a United States Federal Court Order regarding desegregation of a public school or schools (see "*" at bottom of affidavit).
Further the affiant sayeth not.
IN WITNESS WHEREOF, I hereunto set my hand this ______day of ______________,__________.
_____________________________
Superintendent
COUNTY of ________________
STATE OF ARKANSAS
Sworn and subscribed before me, Notary Public, this ______day of ________,
___________.
Notary Public
My Commission expires:
* = If you answered, "is involved in desegregation litigation, etc." above, please attach a copy of any applicable Court orders or other relevant documentation.
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