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6-21-815. Right of access to unused or underutilized public school facilities — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-21-815. Right of access to unused or underutilized public school facilities — Definition.
(a) As used in this section and in § 6-21-816, “public charter school” means:
(1) An open-enrollment public charter school as defined in § 6-23-103;
(2) An eligible entity as defined in § 6-23-103 that applies to authorize, amend, or renew a charter for an open-enrollment public charter school; and
(3) A legal entity that is affiliated with or acting on behalf of an open-enrollment public charter school or eligible entity.
(b) Annually by March 1 the Division of Public School Academic Facilities and Transportation shall publish a list on its website identifying all unused or underutilized public school facilities.
(c)(1) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geographical boundaries of the school district.
(2) Once a public school facility or other real property is identified by the division as an unused or underutilized public school facility, a public charter school may give notice of its intent to purchase or lease the public school facility or other real property from the school district no earlier than the later of:
(A) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or
(B) If the public school facility or other real property has already been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school fa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-21-815
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:6-21-815
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 54da22ac8aab07663c8740c0b05551d175ee5bd5ea0af49d904c34bf5382afc3
Source location: content.xml paragraph 25906
Stored source content
6-21-815. Right of access to unused or underutilized public school facilities — Definition.
(a) As used in this section and in § 6-21-816, “public charter school” means:
(1) An open-enrollment public charter school as defined in § 6-23-103;
(2) An eligible entity as defined in § 6-23-103 that applies to authorize, amend, or renew a charter for an open-enrollment public charter school; and
(3) A legal entity that is affiliated with or acting on behalf of an open-enrollment public charter school or eligible entity.
(b) Annually by March 1 the Division of Public School Academic Facilities and Transportation shall publish a list on its website identifying all unused or underutilized public school facilities.
(c)(1) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geographical boundaries of the school district.
(2) Once a public school facility or other real property is identified by the division as an unused or underutilized public school facility, a public charter school may give notice of its intent to purchase or lease the public school facility or other real property from the school district no earlier than the later of:
(A) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or
(B) If the public school facility or other real property has already been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility.
(3)(A) If the public charter school and school district are unable to agree on terms and execute the sale or lease within sixty (60) days of the notice of intent, the public charter school may petition the Commission for Arkansas Public School Academic Facilities and Transportation for an order directing the school district to lease the public school facility to the public charter school for fair market value.
(B) The lease shall be for a term of between five (5) and thirty (30) years, as determined by the public charter school.
(4) The commission may deny the petition if the school district makes an affirmative showing by a preponderance of the evidence that:
(A) The public school facility, or the property to which the public school facility is attached, will be needed by the school district to accommodate future growth of the school district; or
(B) Use of the public school facility or other real property by a public charter school would have a materially negative impact on the overall educational environment of an educational campus located within five hundred feet (500') of the public school facility or other real property sought to be leased.
(d)(1) Upon the execution of a lease, the public charter school shall be responsible for all direct expenses related to the public school facility, including without limitation:
(A) Utilities;
(B) Insurance;
(C) Maintenance;
(D) Repairs; and
(E) Renovation.
(2) The school district shall remain responsible for any bonded debt incurred or mortgage liens that attached to the public school facility or other real property before a sale or lease.
(3) The public charter school shall take no actions that have a materially negative impact on:
(A) Any bond rights attached to the public school facility or other real property; or
(B) Any tax-exempt financing related to the public school facility or other real property.
(4) The public charter school shall indemnify the school district for any mortgages, liens, or debt that attach to the public school facility or other real property by the public charter school's action or inaction.
(e) The terms of a lease executed under this section shall provide that the lease shall be cancelled and be of no effect if:
(1) The public charter school fails to use the public school facility or other real property for direct student instruction or administrative purposes within two (2) years of the effective date of the lease;
(2) The public charter school closes, has its charter revoked, or has its charter application denied by the authorizer; or
(3) The public charter school initially uses the public school facility or other real property, but then leaves the public school facility or other real property unused for more than one hundred eighty (180) days.
(f)(1) The division may classify a school district that fails to comply with this section as being in academic facilities distress under § 6-21-811.
(2) The charter school authorizer may take action under § 6-23-105 on the charter of a public charter school that fails to comply with this section.
(g) The commission shall promulgate rules to implement this section, including without limitation a standard lease form.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-21-811. Academic Facilities Distress Program.
(a) The Commission for Arkansas Public School Academic Facilities and Transportation shall classify a public school or school district as being in academic facilities distress if the Division of Public School Academic Facilities and Transportation recommends and the commission concurs that the public school or school district has engaged in actions or inactions that result in any of the following:
(1) Any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, including, but not limited to:
(A) Material failure to properly maintain academic facilities in accordance with this subchapter and rules adopted by the commission;
(B) Material violation of local, state, or federal fire, health, or safety code provisions or laws;
(C) Material violation of applicable building code provisions or law;
(D) Material failure to provide timely and accurate facilities master plans to the division;
(E) Material failure to comply with state law governing purchasing, bid requirements, or school-construction-related laws or rules in relation to academic facilities projects;
(F) Material default on any school district debt obligation; or
(G) Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district's facilities master plan; and
(2) Any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district.
(b) The division shall provide written notice, via certified mail, return receipt requested, to the presid
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-21-811
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 6-21-811. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-21-816. Sale or lease of public school facilities.
(a)(1) Except as otherwise provided in this section, if a school district determines that any public school facility or other real property is no longer needed for school purposes or is unused or underutilized, the school district may sell or lease the public school facility in accordance with §§ 6-13-103 and 6-13-620 and this subchapter.
(2)(A) Money derived from the sale or lease of property under this section shall be placed in the appropriate school fund established under applicable law, as determined by the school district.
(B) Money derived from the sale or lease may be used for any purpose allowed by law, including without limitation redemption of bonds related to the financing of the public school facility sold or leased.
(3) A school district may not make a covenant that prohibits the sale or lease of a public school facility or other real property to an open-enrollment public charter school that is located within the geographic boundary of the school district.
(b)(1)(A) If a school district decides to sell, lease, or otherwise transfer ownership of an academic facility, an open-enrollment public charter school located within the school district's boundaries shall have a right of first refusal to purchase or lease the facility for fair market value.
(B) If the school district ceases to use a public school facility as an academic facility, the right of first refusal shall continue for two (2) years after the date the public school facility or other real property was last used as an academic facility.
(C) If there is more than one (1) open-enrollment public charter school located within the boundaries of the school district, the right of first refusal shall be available to the open-enrollment publ
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-21-816
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 6-21-816. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-23-103. Definitions.
As used in this chapter:
(1) “Adult education charter school” means a charter school for individuals at least nineteen (19) years of age that offers a high school diploma program and an industry certification program simultaneously to students;
(2) “Application” means the proposal for obtaining conversion public charter school status or open-enrollment public charter school status;
(3) “Authorizer” means an entity that authorizes a charter, which may be either the:
(A) Division of Elementary and Secondary Education; or
(B) State Board of Education acting under § 6-23-703;
(4) “Charter” means a performance-based contract for an initial five-year period between the authorizer and an approved applicant for public charter school status that exempts the public charter school from state and local rules, regulations, policies, and procedures specified in the contract and from the provisions of this title specified in the contract;
(5) “Conversion public charter school” means a public school that has converted to operating under the terms of a charter approved by the local school district board of directors and the authorizer;
(6) “Eligible entity” means:
(A) A public institution of higher education;
(B) A private nonsectarian institution of higher education;
(C) A governmental entity; or
(D) An organization that:
(i) Is nonsectarian in its program, admissions policies, employment practices, and operations; and
(ii) Has applied for tax-exempt status under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3);
(7) “Founding member” means any individual who is either:
(A) A member or an employee of the eligible entity applying for the initial charter for an open-enrollment public charter school; or
(B) A member of the i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-23-103
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 6-23-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-23-105. Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal.
(a)(1) The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school:
(A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;
(B) Failed to satisfy generally accepted accounting standards of fiscal management;
(C) Failed to comply with this chapter or other applicable law or rule; or
(D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.
(2) The charter authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the charter authorizer.
(3)(A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity under subdivision (a)(1) of this section, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer.
(B) After the authorizer transfers or assigns a charter to an eligible entity under subdivision (a)(1) of this section, the authorizer shall:
(i) Issue a new local education agency number as required under § 25-6-107; and
(ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.
(b) Any action the authorizer may take under this section shall be based on the best interest
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-23-105
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 6-23-105. This identifies an authority to review, not proof of applicability.