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6-13-1613. Minimum school district size waiver.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:6-13-1613
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01fee728c568c8ae6542a1283b7adb5dd529537a7f943b86019e861d39fb64fd
Source location: content.xml paragraph 5684
Stored source content
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 master plan; and
(D) 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.
(3) The state board may revoke a waiver that has been granted to a school district at any time if it is found that the conditions under subdivision (b)(2)(A) of this section change.
(c) A school district that is granted a waiver shall remain listed on the consolidation list that is published annually by the division.
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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.