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6-13-1603. Administrative reorganization.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1603. Administrative reorganization.
(a)(1) Any school district included in the Division of Elementary and Secondary Education's consolidation list under § 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 this section.
(2)(A) Any school district on the consolidation list choosing to voluntarily administratively consolidate or annex shall submit a petition for approval to the State Board of Education 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.
(B) 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 § 6-13-1602.
(3) A school district on the consolidation list that does not submit a petition under subdivision (a)(2)(A) of this section 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 § 6-13-1602 unless the school district has been granted a waiver under § 6-13-1613.
(4) 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 districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1 immediately following the publication of the list requ
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1603
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:6-13-1603
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 024cf349f74e155620b08ba64088d0c2e0dee0d2cc873f86a687dc2857d56f7f
Source location: content.xml paragraph 5547
Stored source content
6-13-1603. Administrative reorganization.
(a)(1) Any school district included in the Division of Elementary and Secondary Education's consolidation list under § 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 this section.
(2)(A) Any school district on the consolidation list choosing to voluntarily administratively consolidate or annex shall submit a petition for approval to the State Board of Education 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.
(B) 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 § 6-13-1602.
(3) A school district on the consolidation list that does not submit a petition under subdivision (a)(2)(A) of this section 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 § 6-13-1602 unless the school district has been granted a waiver under § 6-13-1613.
(4) 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 districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1 immediately following the publication of the list required under § 6-13-1602.
(5) The state board shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless:
(A) The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or
(B) The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district.
(b) Any school district required to be administratively consolidated under this subchapter 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).
(c) All administrative consolidations or annexations under this section 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.
(d) In the administratively consolidated or annexed school districts created under this subchapter, the ad valorem tax rate shall be determined as set forth under § 6-13-1409.
(e) Nothing in this section shall be construed to require the closing of any school or school facility.
(f) No administratively consolidated or annexed district shall have more than one (1) superintendent.
(g) 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:
(1) The school district fails to meet minimum teacher salary requirements; or
(2) The school district fails to comply with the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the division.
(h) Noncontiguous school districts may voluntarily consolidate if the facilities and physical plant of each school district:
(1) Are within the same county, and the state board approves the administrative consolidation; or
(2) Are not within the same county, and the state board approves the administrative consolidation or administrative annexation and finds that:
(A) 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
(B) The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.
(i) Contiguous school districts may administratively consolidate even if they are not in the same county.
(j) The state board shall promulgate rules to facilitate the administration of this subchapter.
(k) The provisions of §§ 6-13-1415 — 6-13-1417 shall govern the board of directors of each resulting district or receiving district created under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1409. State Board of Education.
(a) The State Board of Education shall have the following duties regarding consolidations and annexations:
(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;
(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
(3) To enact rules regarding the consolidation and annexation of school districts under this title.
(b) The millage rate of the electors of the affected district shall remain the same until an election may be held to change the rate of taxation for the resulting district or receiving district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1409
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 6-13-1409. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1415. Involuntary consolidation or annexation — Effective date — Interim board of directors.
(a) This section applies to the involuntary consolidation or involuntary annexation of a school district made by a motion of the State Board of Education.
(b) 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.
(c) 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.
(d)(1) If the state board determines that a new permanent board of directors is necessary, the state board shall prescribe:
(A) The number of members for the new permanent board of directors of the resulting district or receiving district;
(B) The manner of formation of the new permanent board of directors of the resulting district or receiving district under § 6-13-1417; and
(C)(i) 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.
(ii) The election for the new permanent school district 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.
(2) If the state board determines that an interim board of directors is necessary, the state board shall prescribe:
(A) The number of members for the interim board of directors of the resulting district or receiving district;
(B) The terms of the members of the interim board of dire
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1415
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 6-13-1415. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1602. Administrative consolidation list.
By January 1 of each year, the Division of Elementary and Secondary Education shall publish a:
(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
(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: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1602
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 6-13-1602. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1613. Minimum school district size waiver.
(a)(1) 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.
(2) 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.
(3) The petition for a waiver shall include:
(A) The average daily membership of the school district in the current school year;
(B) 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;
(C) A copy of the school district's current year budget and any fiscal audit conducted within the previous two (2) years; and
(D) A statement of assurance that the school district is not currently classified in Level 5 — Intensive support, fiscal distress, or facilities distress.
(b)(1) 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.
(2) The state board shall grant a petition for a waiver if it is demonstrated by the school district that:
(A) The school district is not currently classified in Level 5 — Intensive support, fiscal distress, or facilities distress;
(B) The school district is not in probationary status for a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts;
(C) The academic facilities owned and operated by the school district are adequate as evidenced by the school district's facilities ma
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1613
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 6-13-1613. This identifies an authority to review, not proof of applicability.