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6-20-415. Consultants.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-20-415. Consultants.
(a) The Division of Elementary and Secondary Education in consultation with the Attorney General shall hire consultants on the following basis:
(1) The consultants shall be qualified as experts in public school district desegregation;
(2) The purposes for employing the consultants are to determine whether and in what respects any of the three (3) Pulaski County school districts:
(A)(i) Are unitary.
(ii) If a school district has been declared unitary or has been declared unitary in some respects, the consultants shall not examine the school district on those issues; and
(B) Have complied with their respective consent decrees; and
(3) The consultants shall understand and acknowledge in their work and research that their testimony in court may be required.
(b) The division shall not pay the consultant fees or expenses from moneys appropriated and available for the reimbursement of attorney's fees to the three (3) Pulaski County school districts under § 6-20-416.
(c)(1) The division and the Attorney General also may hire consultants with expertise in the fields of auditing and forensic accounting to provide oversight and management of the three (3) Pulaski County school districts' finances with an emphasis on desegregation funding.
(2) The consultants hired by the division and the Attorney General shall have full authority to examine any documents and software and shall be allowed full access to any persons necessary to discharge the consultants' duties as directed by the division and the Attorney General.
(3) In addition to the authority otherwise granted to the State Board of Education and the division by law, the division may require a school district to modify, update, or change the school district's financial oversight or ma
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-415
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:6-20-415
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: be80619ccffdb5ff20c3e9dd18eefb54e1eecbe3258ae062be2fb59b1cba1b8e
Source location: content.xml paragraph 20688
Stored source content
6-20-415. Consultants.
(a) The Division of Elementary and Secondary Education in consultation with the Attorney General shall hire consultants on the following basis:
(1) The consultants shall be qualified as experts in public school district desegregation;
(2) The purposes for employing the consultants are to determine whether and in what respects any of the three (3) Pulaski County school districts:
(A)(i) Are unitary.
(ii) If a school district has been declared unitary or has been declared unitary in some respects, the consultants shall not examine the school district on those issues; and
(B) Have complied with their respective consent decrees; and
(3) The consultants shall understand and acknowledge in their work and research that their testimony in court may be required.
(b) The division shall not pay the consultant fees or expenses from moneys appropriated and available for the reimbursement of attorney's fees to the three (3) Pulaski County school districts under § 6-20-416.
(c)(1) The division and the Attorney General also may hire consultants with expertise in the fields of auditing and forensic accounting to provide oversight and management of the three (3) Pulaski County school districts' finances with an emphasis on desegregation funding.
(2) The consultants hired by the division and the Attorney General shall have full authority to examine any documents and software and shall be allowed full access to any persons necessary to discharge the consultants' duties as directed by the division and the Attorney General.
(3) In addition to the authority otherwise granted to the State Board of Education and the division by law, the division may require a school district to modify, update, or change the school district's financial oversight or management policies, procedures, or practices in response to the recommendations of the consultants.
(4) A school district that fails to comply with the requirements of the division under this subsection shall be identified by the division as being in fiscal distress and subject to the applicable enforcement provisions as provided by law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-20-416. Desegregation funding.
(a) The Division of Elementary and Secondary Education and the Attorney General are authorized to seek proper federal court review and determination of the current unitary status of any school district in the case of Little Rock School District v. Pulaski County Special School District No. 1, et al., No. LR-C-82-866.
(b)(1) The division and the Attorney General are authorized to seek modification of the current consent decree or enter into a new or an amended consent decree or settlement agreement under this section that allows the State of Arkansas to:
(A) Continue necessary and appropriate payments under a post-unitary agreement to the three (3) Pulaski County school districts for a limited and definite time period not to exceed seven (7) years and for a definite limited sum of payments;
(B) Ensure that the amount of funding provided under the post-unitary agreement is the total maximum obligation of the state and the school districts in the case;
(C) Ensure that the payments required pursuant to the post-unitary agreement are structured so that the total amount of the payments decreases so that no financial obligation remains due or owed by the state at the end of the time period specified in the post-unitary agreement; and
(D) Ensure that the total of any financial obligation created or established for the state in any one (1) year shall not exceed the state's desegregation obligation for the 2008-2009 school year.
(2)(A) The agreement under this subsection may only be a post-unitary agreement, and the school districts shall receive the continued funding only if they are declared unitary.
(B) However, the agreement does not have to be post-unitary and may commence upon all school districts having been declared, previo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-416
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 6-20-416. This identifies an authority to review, not proof of applicability.