Browse Arkansas Code titles and sections
6-21-816. Sale or lease of public school facilities.
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. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:6-21-816
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 48586b0e57a30e72540252a810635634c15d0f57a5e0037ac61140407411a85d
Source location: content.xml paragraph 25942
Stored source content
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 public charter school according to a priority list determined by the charter authorizer following a review of the comparative status and educational needs of the open-enrollment public charter schools.
(2)(A) If an open-enrollment public charter school decides to sell or lease a public school facility or other real property purchased by the public charter school under this section or under § 6-21-815, and the sale or lease is to a third party that is not a public charter school, the school district in which the public school facility or other real property is located shall have a right of first refusal to purchase or lease the public school facility or other real property for fair market value, subject to any mortgage or lien attached to the public school facility or other real property.
(B) The school district may waive its right of first refusal under subdivision (b)(2)(A) of this section if the public school facility or other real property or its revenues are to be pledged by the public charter school as security for debt to fund the purchase or renovation of the public school facility or other real property.
(3) Subject to the priority list under subdivision (b)(1)(C) of this section, nothing in this subchapter shall be construed to delay or limit the authority of a school district to sell, lease, or otherwise transfer a public school facility or other real property to a public charter school on terms agreed to by the school district and public charter school.
(c) If a public school facility or other real property has been identified by the Division of Public School Academic Facilities and Transportation as an unused or underutilized public school facility, the school district may sell or lease the unused or underutilized public school facility to a third party, other than an open-enrollment public charter school, no earlier than the later of:
(1) Two (2) years after the date the public school facility or other real property is identified by the division as an unused or underutilized public school facility, so long as no public charter school has claimed a right of access under § 6-21-815 or a right of first refusal under this section; or
(2) If the unused or underutilized public school facility has 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, three (3) years from the date the public school facility or other real property is identified by the division as an unused or underutilized public school facility.
(d)(1) A school district may petition the division for a waiver of subsection (c) of this section as it applies to an unused or underutilized public school facility within the school district.
(2) The petition shall include a statement that the school district believes that a public charter school would not be interested in leasing or purchasing the unused or underutilized public school facility.
(e)(1)(A) If the division receives a petition under subsection (d) of this section, the division, within five (5) days after receiving the petition, shall notify each eligible entity granted a charter under the Arkansas Quality Charter Schools Act of 2013, § 6-23-101 et seq., and statewide organization representing charter schools in Arkansas by certified mail of the petition.
(B) The notice under subdivision (e)(1)(A) of this section shall include a copy of the petition.
(2) Not later than thirty (30) days after an eligible entity granted a charter under the Arkansas Quality Charter Schools Act of 2013, § 6-23-101 et seq., or statewide organization representing charter schools in Arkansas receives a notice described in subdivision (e)(1)(A) of this section, the eligible entity or statewide organization representing charter schools may submit to the division an objection in writing to the petition.
(3) An objection shall include:
(A) The name of the open-enrollment public charter school that is interested in leasing or purchasing the unused or underutilized public school facility; and
(B) A time frame, which may not exceed one (1) year from the date of the objection, in which the open-enrollment public charter school intends to begin providing classroom instruction in the unused or underutilized public school facility.
(f)(1) If the division receives an objection that meets the requirements of subdivision (e)(3) of this section, the division shall deny the petition.
(2)(A) If the division does not receive an objection that meets the requirements of subdivision (e)(3) of this section, the division shall grant the petition.
(B) A school district that receives a waiver under this section may sell, lease, or otherwise dispose of the unused or underutilized public school facility in accordance with §§ 6-13-103 and 6-13-620 and this subchapter.
(g)(1) A decision by the division under this section may be appealed to the Commission for Arkansas Public School Academic Facilities and Transportation.
(2) All time frames under this section, including subsection (c) and subdivision (e)(3)(B) of this section, shall be tolled during the pendency of an appeal.
(h)(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 authorizer may take action under § 6-23-105 on the charter of a public charter school that fails to comply with this section.
(i) The commission may promulgate rules to implement this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-103. Power of eminent domain — Repurchase by former owner.
(a) All school districts in the state are granted the power of eminent domain and may take and use private property for the use of the school district for school purposes, and school purposes shall include a site for a schoolhouse, necessary playground and athletic fields, stadiums, libraries, and other necessary uses incidental to the maintenance of schools and the welfare of teachers and pupils.
(b) If the owners of property desired to be acquired by the board of directors of any school district shall not agree on the price, the board of directors of the school district may exercise the right of eminent domain, after the same procedure as is provided by law for municipal corporations and counties, and no advance deposit of money shall be required unless the school district desires immediate possession of the property to be condemned, before a hearing can be held fixing the value thereof; and after the verdict of the jury finding the damage to the owner of the property in such proceedings, the school district shall have the right to take the property at the value found or abandon the proceedings to condemn it for one (1) year.
(c)(1)(A) When any public school is closed and any of the real property acquired for or used by the school was acquired by the exercise of the power of eminent domain, the person who owned the property at the time it was taken by eminent domain, or his or her successor in interest, shall be entitled to repurchase that portion of the property on which no capital improvements are located from the school district for the amount or proportional amount the school district paid for the property if the school district acquired the property by the power of eminent domain within the las
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-103
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 6-13-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-620. Powers and duties.
The board of directors of each school district in the state is charged with the following powers and required to perform the following duties in order to provide no less than a general, suitable, and efficient system of free public schools:
(1) Attend meetings of the school district board of directors;
(2) Determine the mission and direction of the school district;
(3) Adhere to state and federal laws governing public schools;
(4) Enact, enforce, and obey school district policies;
(5)(A) Employ staff, including:
(i)(a) A superintendent of schools to oversee the day-to-day operations of the school district.
(b) A superintendent shall be evaluated annually or no less often than before any extension of his or her employment contract.
(c) Superintendents and assistant superintendents may be employed under contract terms and conditions that incorporate all elements prescribed by the State Board of Education; and
(ii)(a) School district employees under initial written employment contracts in the form prescribed by the State Board of Education, not including day-to-day substitutes.
(b) The employment contract shall:
(1) State the duration of employment, specific duties of the employee and the annual salary or hourly wage of the employee and projected annual earnings in the case of nonexempt employees under applicable state and federal law; and
(2) Incorporate all personnel policies adopted by June 30 to be in effect on July 1 of the following employee contract year, subject to the requirements and exceptions contained in §§ 6-17-204 and 6-17-205.
(B) Copies of initial written employment contracts and renewed written employment contracts issued in accordance with §§ 6-17-1506 and 6-17-1703 shall be distributed as follows:
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-620
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 6-13-620. This identifies an authority to review, not proof of applicability.
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. The source passage cites 6-21-815. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-23-101. Title.
This chapter shall be known and cited as the “Arkansas Quality Charter Schools Act of 2013”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-23-101
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 6-23-101. This identifies an authority to review, not proof of applicability.