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6-13-1013. Policies and rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1013. Policies and rules.
(a) The State Board of Education shall develop such policies and rules as may be needed for the proper administration of this subchapter consistent with the need to support and assist education service cooperatives in the delivery of services to school districts and with prudent use of available human and financial resources.
(b) The policies and rules shall include without limitation:
(1) The rules governing the operation of an education service cooperative within appropriate state and federal laws;
(2) Guidelines for settling possible disputes between school districts and in equity or jurisdictional matters relating to shared assets and services;
(3) The obligation of an education service cooperative board of directors for overseeing administrative and program expenditures; and
(4) The fiscal distress status of an education service cooperative under §§ 6-13-1027 — 6-13-1031.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1013
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-13-1013
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 80a690d293a41869b0baec26b7815c60a79f29eed68609a97f7f184d8f0933cd
Source location: content.xml paragraph 4579
Stored source content
6-13-1013. Policies and rules.
(a) The State Board of Education shall develop such policies and rules as may be needed for the proper administration of this subchapter consistent with the need to support and assist education service cooperatives in the delivery of services to school districts and with prudent use of available human and financial resources.
(b) The policies and rules shall include without limitation:
(1) The rules governing the operation of an education service cooperative within appropriate state and federal laws;
(2) Guidelines for settling possible disputes between school districts and in equity or jurisdictional matters relating to shared assets and services;
(3) The obligation of an education service cooperative board of directors for overseeing administrative and program expenditures; and
(4) The fiscal distress status of an education service cooperative under §§ 6-13-1027 — 6-13-1031.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1027. Fiscal distress — Definitions.
(a) As used in this section:
(1) “Fiscal integrity” means the education service cooperative's ability to comply completely, accurately, and timely with financial management, accounting, auditing, and reporting procedures required by state law and rule or federal law and regulations; and
(2) “Material” means that the act, omission, or violation jeopardizes the fiscal integrity of the education service cooperative.
(b) Any education service cooperative that meets one (1) or more of the following criteria may be identified by the Division of Elementary and Secondary Education as being in fiscal distress upon final approval of the State Board of Education:
(1)(A) A declining balance that jeopardizes the fiscal integrity of the education service cooperative.
(B) The division shall not use capital outlay expenditures from the education service cooperative's balance for facilities to identify the education service cooperative as being in fiscal distress;
(2) A material failure to meet the education service cooperative's obligation to maintain the education service cooperative's facilities;
(3) A material violation of local, state, or federal law, state rule, or federal regulations relating to:
(A) Fire, health, or safety codes;
(B) Construction codes;
(C) Audit requirements; or
(D) Procurement, bidding, and purchasing requirements;
(4) A material failure to provide timely and accurate legally required financial reports to the division, Arkansas Legislative Audit, the General Assembly, or the Internal Revenue Service;
(5) A material failure to maintain sufficient funds to cover payroll, salary, employment benefits, or legal tax obligations;
(6) A material default on any debt obligation;
(7) A material dis
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1027
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-13-1027. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1031. Appeal.
(a) An education service cooperative may appeal to the State Board of Education the identification of fiscal distress under § 6-13-1027.
(b) The education service cooperative may lodge an appeal by filing a written appeal with the Commissioner of Elementary and Secondary Education by certified mail, return receipt requested, within thirty (30) days of the date the education service cooperative received notice of the identification of fiscal distress.
(c) The written appeal shall state in clear terms the reason why the education service cooperative should not be classified as being in fiscal distress.
(d) The state board shall hear the appeal within sixty (60) days of receipt of the written notice of appeal.
(e) Notwithstanding any appeal rights in this section, no appeal shall stay the state board's or the Division of Elementary and Secondary Education's authority to take action to enforce the education service cooperative's compliance with financial management, accounting, auditing, and reporting procedures required by state law or rule or federal law and regulations.
(f)(1) The decision of the state board on the appeal is a final order.
(2) There is no further right of appeal except to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1031
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-13-1031. This identifies an authority to review, not proof of applicability.