Arkansas Administrative Code
Agency 203 - Commission for Public School Academic Facilities and Transportation
Rule 203.00.05-007 - AFT 011: Rules Governing the Academic Facilities Distress Program

1.01 The Arkansas Commission for Public School Academic Facilities and Transportation's (Commission) authority for promulgating this Rule is pursuant to Ark. Code Ann. §§ 6-21-113 (Act 1327 of 2005), 6-21-804 (Act 1426 of 2005) and 25-15-201 et seq.

1.02 This Rule shall be known as the Arkansas Commission of Public School Academic Facilities and Transportation Rule Governing the Academic Facilities Distress Program.

2.01 The purpose of this Rule is to establish how the Arkansas Division of Public School Academic Facilities and Transportation (Division) will evaluate, assess, identify and address those school districts in academic facilities distress.

3.01 "Academic Facilities Distress status" - a public school district determined by the Division as being identified in academic facilities distress pursuant to Ark. Code Ann. § 6-21-811(a).

3.02 "Commission" - the Arkansas Commission for Public School Academic Facilities and Transportation.

3.03 "Division" - the Arkansas Division of Public School Academic Facilities and Transportation.

3.04 "Facilities Improvement Plan" (Plan) - a remedial plan developed by a school district for a public school or school district identified as being in academic facilities distress that supplements the school district's facilities master plan by:

3.05 "School District" - a geographic area with an elected board of directors that qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of the Arkansas Code and which board conducts the daily affairs of public schools under the supervisory authority vested in it by the General Assembly and Title 6 of the Arkansas Code.

3.06 "Reconstitution" - the reorganization of the administrative unit or the governing school board of a school district, including, but not limited to, the replacement or removal of a current superintendent or the removal or replacement of a current school board or both.

3.07 "State Board" - the Arkansas State Board of Education.

4.01 The Division shall identify a public school or school district as being in academic facilities distress if the Division determines that the public school or school district has engaged in actions or inactions that result in:

4.02 The Division shall provide written notice, via certified mail, return receipt requested, to the president of the school board and the superintendent of the public school or school district identified as being in facilities distress.

5.01 A public school or school district identified as being in facilities distress shall develop a facilities improvement plan within thirty (30) days from the date of receipt of the notice and promptly submit the facilities improvement plan to the Division for review and approval.

5.02 A public school or school district shall review and revise its facilities improvement plan on a periodic basis as determined by the Division and submit the updated facilities improvement plan to the Division in order for the Division to determine whether the public school or school district is correcting its deficient areas of practice regarding academic facilities.

5.03 A school district shall use facilities improvement plans as necessary to supplement and update its facilities master plan.

5.04 A public school or school district in facilities distress may petition the Commission for removal from facilities distress status only after the Division has certified in writing that the public school or school district has corrected all criteria for being classified as in facilities distress and has complied with all Division recommendations and requirements for removal from facilities distress.

5.05 The Division shall submit a written evaluation on the status of each district in facilities distress to the Commission and the State Board at least once every six (6) months.

6.01 No school district identified by the Division as being in facilities distress may incur any debt without the prior written approval of the Commission.

7.01 When a school district is identified by the Division to be in facilities distress, the Division may:

8.01 The Division may petition the State Board at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress, or to take other appropriate action as allowed by law in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district.

8.02 The State Board may approve the petition or take other appropriate action as allowed by law. The State Board may take any other action allowed by law that is deemed necessary to assist a public school or school district in removing criteria of facilities distress.

8.03 The State Board shall consolidate, annex, or reconstitute any school district that fails to remove itself from the classification of a school district in facilities distress within two (2) consecutive school years of receipt of notice of identification of facilities distress status by the Division. A school district may appeal the action of State Board to the Commission in accordance with procedures developed by the State Board. The Commission may reverse the action of the State Board if the Commission finds that the school district could not remove itself from facilities distress due to impossibility caused by external forces beyond the school district's control.

9.01 A school district may appeal any determination of the Division to the Commission in accordance with procedures developed by the Commission.

9.02 All decisions of the Commission resulting from a school district's appeal of a Division determination shall be final and shall not be subject to further appeal or request for rehearing to the Commission or petition for judicial review under the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq.

10.01 Any student attending a public school district classified as being in facilities distress shall automatically be eligible and entitled under the Arkansas Public School Choice Act of 1989, Ark. Code Ann. § 6-18-206, to transfer to another geographically contiguous school district not in facilities distress during the time period that a district is classified as being in facilities distress. The student is not required to file a petition by July 1 but shall meet all other requirements and conditions of the Arkansas Public School Choice Act of 1989, Ark. Code Ann. § 6-18-206.

10.02 The resident district shall pay the cost of transporting the student from the resident district to the nonresident district.

10.03 The nonresident district shall count the student for average daily membership purposes.

11.01 The Division shall conduct random unannounced on-site inspections of all academic facilities that have been funded wholly or in part by moneys from the state to ensure compliance with the school district's facilities master plan and, if applicable, the school district's facilities improvement plan in order to preserve the integrity of and extend the useful life of public school academic facilities and equipment across the state.

11.02 The Division shall submit reports regarding its on-site inspections of academic facilities to the Commission within thirty (30) days of completion of the on-site inspections.

11.03 Based on the Division's on-site inspection or notification by the Division to the Commission that the changes or additions to a school district's facilities master plan or facilities improvement plan required by the Division have not been implemented within the time period prescribed by the Division, the Commission shall restrict the use of the necessary funds or otherwise allocate funds from moneys appropriated by the General Assembly.