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6-21-803. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-21-803. Definitions.
As used in this subchapter:
(1)(A) “Academic facility” means a building or space, including related areas such as the physical plant and grounds, where public school students receive instruction that is an integral part of an adequate education as described in § 6-20-2302.
(B) A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132.
(C) Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter.
(D) District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter.
(E) A leased facility shall not be considered an academic facility for the purpose of this subchapter;
(2) “Annexation” means the joining of an affected school district or part of the school district with a receiving district under § 6-13-1401 et seq.;
(3) “Consolidation” means the joining of two (2) or more school districts or parts of the districts to create a new single school district under § 6-13-1401 et seq.;
(4) “Custodial activities” means routine and renovation cleaning activities related to the daily operations and upkeep of a public school facility, including related superv
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-21-803
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:6-21-803
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bfa4361a283104d953cd2500086d4c6d081c9c3af6438e2a33db22d053816a92
Source location: content.xml paragraph 25457
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6-21-803. Definitions.
As used in this subchapter:
(1)(A) “Academic facility” means a building or space, including related areas such as the physical plant and grounds, where public school students receive instruction that is an integral part of an adequate education as described in § 6-20-2302.
(B) A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132.
(C) Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter.
(D) District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter.
(E) A leased facility shall not be considered an academic facility for the purpose of this subchapter;
(2) “Annexation” means the joining of an affected school district or part of the school district with a receiving district under § 6-13-1401 et seq.;
(3) “Consolidation” means the joining of two (2) or more school districts or parts of the districts to create a new single school district under § 6-13-1401 et seq.;
(4) “Custodial activities” means routine and renovation cleaning activities related to the daily operations and upkeep of a public school facility, including related supervisory and management activities;
(5) “Facilities distress status” means a public school district identified by the Division of Public School Academic Facilities and Transportation as being in academic facilities distress status and classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in academic facilities distress status under this subchapter;
(6) “Facilities improvement plan” means a remedial plan developed by a school district for a public school or school district classified as being in academic facilities distress that supplements the school district's facilities master plan by:
(A) Identifying specific interventions and actions the public school or school district will undertake in order to correct deficient areas of practice with regard to custodial, maintenance, repair, and renovation activities with regard to academic facilities in the school district; and
(B) Describing how the school district will remedy those areas in which the school district is experiencing facilities distress, including the designation of the time period by which the school district will correct all deficiencies that placed the school district in facilities distress status;
(7) “Facilities master plan” means a six-year plan developed by a school district that contains:
(A) Enrollment projections for ten (10) years from the date of the plan;
(B) The school district's strategy for maintaining, repairing, renovating, and improving through new construction or otherwise the school district's academic facilities and equipment; and
(C) Other information as required by law;
(8) “Foundation funding” means the same as in § 6-20-2303;
(9) “Local resources” means any moneys lawfully generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the division;
(10) “Maintenance, repair, and renovation” means any activity or improvement to a public school facility that maintains, conserves, or protects the state, condition, or efficiency of the public school facility;
(11)(A) “New construction” means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state, condition, or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency.
(B) “New construction” includes a new addition to an existing academic facility and construction of a new academic facility;
(12) “Project” means an undertaking in which a school district engages in:
(A) Maintenance, repair, and renovation activities with regard to an academic facility;
(B) New construction of an academic facility; or
(C) Any combination of maintenance, repair, and renovation activities with regard to an academic facility and new construction activities with regard to an academic facility;
(13) “Public school facility” means any public school building or space, including related areas such as the physical plant and grounds, that is used for any purpose, including, without limitation:
(A) An extracurricular activity;
(B) An organized physical activity course as defined in § 6-16-137;
(C) Prekindergarten education;
(D) District administration; or
(E) Delivery of instruction to public school students that is an integral part of an adequate education as described in § 6-20-2302;
(14) “Reconstitution” means the reorganization of the administrative unit or the governing board of directors 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 district board of directors, or both;
(15) “School district” means a geographic area that:
(A) Is governed by an elected board of directors that conducts the daily affairs of public schools under the supervisory authority vested in it by the General Assembly and § 6-13-101 et seq.; and
(B) Qualifies as a taxing unit for purposes of ad valorem property taxes under Arkansas Constitution, Article 14, § 3;
(16) “Space utilization” means the number of gross square feet per student in an academic facility adjusted for academic program, school enrollment, grade configuration, and type of public school in accordance with rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation; and
(17) “Unused or underutilized public school facility” means a public school facility or other real property that:
(A) As a whole or in a significant portion, is not being used for a public educational, academic, extracurricular, or administrative purpose and the nonuse or underutilization threatens the integrity or purpose of the public school facility or other real property as a public education facility; and
(B) As of August 1, 2017, is not subject to:
(i) A lease to a third party for fair market value; or
(ii) An executed offer to purchase by a third party for fair market value.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-1401. Definitions.
As used in this subchapter:
(1) “Affected district” means a school district that:
(A) Loses territory or students as a result of annexation; or
(B) Is involved in a consolidation;
(2) “Aggrieved district” means the lawfully constituted and existing board of directors of a school district that gains or loses territory or students as a result of an annexation or consolidation;
(3) “Annexation” means the joining of an affected school district or part thereof with a receiving district;
(4) “Consolidation” means the joining of two (2) or more affected school districts or parts thereof to create a new single school district;
(5) “Receiving district” means a school district or districts that receive territory or students, or both, from an affected district as a result of annexation; and
(6) “Resulting district” means the new school district created from an affected district or districts as a result of consolidation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-1401
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 6-13-1401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-16-132. Physical education.
(a) The General Assembly finds that:
(1) Research has shown that active children become active adults;
(2) Children who engage in physical education at school are twice as likely to engage in physical activity outside of school;
(3) Research has shown that physical exercise contributes to maximizing brain function by increasing cerebral blood flow and levels of brain cell growth hormone; and
(4) Research has shown that physical exercise decreases the incidence of clinical depression, even for persons diagnosed with cancer.
(b)(1)(A) The physical education curriculum and physical activity requirements for every public school student who is able to participate are:
(i) Except as provided in subdivision (b)(1)(A)(ii) of this section, for students in kindergarten through grade six (K-6):
(a) At least forty (40) minutes, as determined by the superintendent of the school district, of physical education training and instruction each calendar week of the school year; and
(b) Ninety (90) minutes of physical activity each calendar week of the school year, which may include without limitation daily recess, physical education instruction in addition to the requirement of subdivision (b)(1)(A)(i)(a) of this section, or intramural sports;
(ii) For students in grades five through eight (5-8) who attend a public school organized to teach grades five through eight (5-8), or any combination thereof, at least forty (40) minutes, as determined by the superintendent of the school district, of physical education training and instruction each calendar week of the school year or an equivalent amount of time in each school year with no additional requirement for physical activity; and
(iii) For students in grades nine through twelve (9-12), o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-16-132
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 6-16-132. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-16-137. Physical education credit for physical activity courses — Definitions.
(a) For the purposes of this section:
(1) “Content standards” means those curriculum course content standards identified and set out in the Division of Elementary and Secondary Education curriculum frameworks;
(2) “Curriculum frameworks” means those content-specific requirements identified and mandated pursuant to § 6-15-1501 [repealed] and § 6-15-1502 et seq. and the Standards for Accreditation of Arkansas Public Schools and School Districts;
(3) “Organized physical activity course” means a school course that:
(A) Is taught by an instructor who is licensed or qualified in physical education pursuant to the rules of the State Board of Education; and
(B) Involves body movement produced by skeletal muscles resulting in energy expenditures through organized group or class activities; and
(4) “Statement of assurance” means a written statement to be filed by the superintendent or chief academic officer with the Division of Elementary and Secondary Education by October 1 of each school year that ensures that the organized physical activity course is in compliance with the physical education course content standards and curriculum frameworks as required pursuant to § 6-15-1505 and subdivision (b)(2) of this section.
(b) Beginning in the 2005-2006 school year, a student in grades nine through twelve (9-12) participating in and successfully completing an organized physical activity course in his or her school shall be eligible to receive one-half (½) unit of physical education credit required for graduation if:
(1) The organized physical activity course is aligned to the division's physical education course content standards and curriculum frameworks; and
(2) The organized physic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-16-137
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 6-16-137. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-20-2302. Legislative findings.
(a) The General Assembly recognizes that:
(1) Intelligence and virtue are the safeguards of liberty and the bulwark of a free and good government; and
(2) Arkansas Constitution, Article 14, § 1, requires the State of Arkansas to ever maintain a general, suitable, and efficient system of free public schools and to adopt all suitable means to secure to the people the advantages and opportunities of education.
(b) The General Assembly finds that because of the decision of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), it is the absolute duty of the State of Arkansas to provide all public school children with an opportunity for an adequate education.
(c) The General Assembly finds that a suitable and efficient system of public education should:
(1) Assure the availability of substantially equal and constitutionally appropriate expenditures by the state for the education of each similarly situated child in the public schools, regardless of where that child resides within the state;
(2) Assure that each school-age child resides in a school district that offers a competitive minimum salary for classroom teachers;
(3) Assure that:
(A) All students graduating from high school are able to demonstrate a defined adequate level of competence in:
(i) English, oral communications, reading, and writing;
(ii) Mathematics skills; and
(iii) Science and social studies disciplines; and
(B) An adequate level of competence evolves over time to higher levels;
(4) Assure that students with disabilities have the opportunity to graduate from high school by demonstrating alternative competencies or alternative levels of competency;
(5) Assure that students who are not on track for high school gra
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-2302
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 6-20-2302. This identifies an authority to review, not proof of applicability.