Subtitle 1. General Provisions

Chapter 1 General Provisions

Subchapter 1 — General Provisions

Cross References. Immunity from tort liability, § 16-120-701 et seq.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-1-101. Review of audit report by board.

    1. An audit of a publicly funded educational institution shall be performed by Arkansas Legislative Audit or other independent person licensed to practice accounting by the Arkansas State Board of Public Accountancy selected by the governing body of the educational institution.
    2. In cases of undue demands upon Arkansas Legislative Audit for these audits, Arkansas Legislative Audit may charge a fee for the service rendered that does not exceed payments made for help employed in the audit in addition to the personnel of Arkansas Legislative Audit.
  1. Any statutorily required audit of an educational institution performed by an independent accountant shall include, as a minimum and as an integral part of the annual financial report, a review and comments on substantial compliance with each of the following:
    1. Management letter for audit of political subdivisions, §§ 14-75-101 — 14-75-104;
    2. Compliance with ethical guidelines and prohibitions for board members, administrators, and employees, § 6-13-628 and § 6-24-101 et seq.;
    3. School elections, § 6-14-118;
    4. Management of schools, §§ 6-13-617 — 6-13-620 and 6-13-701;
    5. Revolving Loan Fund, §§ 6-19-114, 6-20-801, and 6-20-802;
    6. School district finances, §§ 6-20-402 and 6-20-409;
    7. School district school bonds, §§ 6-20-1208 and 6-20-1210;
    8. Teachers and employees, §§ 6-17-201, 6-17-203 — 6-17-206, 6-17-301, and 6-17-401;
    9. Teachers' salaries, §§ 6-17-803, 6-17-907, 6-17-908, 6-17-911 — 6-17-913, 6-17-918, and 6-17-919, and the Public School Funding Act of 2003, § 6-20-2301 et seq.;
    10. Deposit of funds, §§ 19-8-104 and 19-8-106;
    11. Investment of funds, § 19-1-504; and
    12. Improvement contracts, §§ 22-9-201 — 22-9-205.
  2. The governing body of the educational institution shall require the independent accountant to present the annual financial report in conformity with the format and guidelines as prescribed by the appropriate professional organizations such as, but not limited to, the American Institute of Certified Public Accountants, the Government Finance Officers Association, and the National Association of College and University Business Officers.
    1. The audit reports and accompanying comments and recommendations relating to any publicly funded school, education service cooperative, vocational-technical school, or institution of higher education prepared in accordance with the provisions of this section or other Arkansas Code provisions shall be reviewed by the applicable board or governing body.
      1. The audit report and accompanying comments and recommendations shall be reviewed at the first regularly scheduled meeting following receipt of the audit report if the audit report is received by the board or governing body prior to ten (10) days before the regularly scheduled meeting.
      2. If the audit report is received by the board or governing body within ten (10) days before a regularly scheduled meeting, the audit report may be reviewed at the next regularly scheduled meeting after the ten-day period.
      1. The board or governing body shall take appropriate action relating to each finding and recommendation contained in the audit report.
      2. The minutes of the board or governing body shall document the review of the findings and recommendations and the action taken by the board or governing body.
  3. In addition to any other requirements in this section, the Legislative Joint Auditing Committee may establish additional compliance or financial reporting requirements for audits of publicly funded educational institutions performed by Arkansas Legislative Audit or by an independent person licensed to practice accounting by the board.
  4. Education service cooperatives shall be subject to the same financial management practices, reviews, and designations as provided for school districts under § 6-15-2101.

History. Acts 1985, No. 29, §§ 1, 2; 1985, No. 66, §§ 1, 2; A.S.A. 1947, §§ 13-1528, 13-1529; Acts 1991, No. 4, § 1; 2003 (2nd Ex. Sess.), No. 61, § 2; 2007, No. 617, § 1; 2009, No. 286, § 1; 2013, No. 1155, § 1; 2015, No. 846, § 1.

Amendments. The 2009 amendment rewrote (b)(2); deleted “§§ 6-14-102 and” in (b)(3); substituted “6-17-913” for “6-17-915” in (b)(9); deleted (b)(10) and redesignated the remaining subdivisions accordingly.

The 2013 amendment substituted “An audit of a publicly funded” for “The audit of every publicly funded” at the beginning of (a)(1) and added (a)(2).

The 2015 amendment substituted “Public School Funding Act of 2003, § 6-20-2301 et seq.” for “Minimum Foundation Program Aid Act” in (b)(9).

6-1-102. [Repealed.]

Publisher's Notes. This section, concerning state boards, was repealed by Acts 2013, No. 581, § 1. The section was derived from Acts 1989, No. 14, § 1; 1999, No. 478, § 1.

6-1-103. [Repealed.]

Publisher's Notes. This section, concerning reporting requirements under Acts 1997, No. 342, was repealed by Acts 1999, No. 508, § 1. The section was derived from Acts 1997, No. 342, § 29.

6-1-104. [Repealed.]

Publisher's Notes. This section, concerning reporting requirements under Acts 1997, No. 1211, was repealed by Acts 1999, No. 508, § 2. The section was derived from Acts 1997, No. 1211, § 13.

6-1-105. Information sharing with the Assessment Coordination Division.

    1. The State Board of Education, the Division of Elementary and Secondary Education, and any other department or division administered by the state board shall provide information maintained by the state board, the Division of Elementary and Secondary Education, or any other department or division to the Assessment Coordination Division upon request by the Assessment Coordination Division.
    2. The information shall enable the Assessment Coordination Division to:
      1. Verify, ascertain, or calculate assessed values of real and personal property, millage rates, or tax collection rates in school districts and counties; and
      2. Assist the General Assembly, the Attorney General, or another state agency in verifying, ascertaining, or calculating data related to public schools, including school funding, school district revenues, and public school facilities.
  1. Information provided under this section shall be in any medium in which the record is readily available or in any format to which it is readily convertible with the existing software used by the state board, the Division of Elementary and Secondary Education, or any other department or division.
  2. Actual costs or expenses incurred in compiling or transmitting the data to the Assessment Coordination Division shall be paid by the Division of Elementary and Secondary Education.

History. Acts 2005, No. 1933, § 1; 2019, No. 910, § 1035.

Amendments. The 2019 amendment substituted “Assessment Coordination Division” for “Assessment Coordination Department” in the section heading and throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-1-106. Definition of “sibling”.

For the purpose of a school choice transfer, “sibling” means each of two (2) or more children having a parent in common by blood, adoption, marriage, or foster care.

History. Acts 2013, No. 1508, § 1.

Subchapter 2 — Arkansas Leadership Institute for Teachers of the Delta

6-1-201, 6-1-202. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Leadership Institute for Teachers of the Delta, was repealed by Acts 2013, No. 1155, § 2. The subchapter was derived from the following sources:

6-1-201. Acts 2001, No. 1521, § 1.

6-1-202. Acts 2001, No. 1523, §§ 1-3.

Subchapter 3 — Arkansas Commission for Coordination of Educational Efforts

6-1-301 — 6-1-304. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Commission for Coordination of Educational Efforts, was repealed by Acts 2017, No. 540, § 1. The subchapter was derived from the following sources:

6-1-301. Acts 2003 (2nd Ex. Sess.), No. 109, § 1; 2005, No. 1936, § 1; 2007, No. 751, § 1; 2009, No. 1470, § 1; 2015 (1st Ex. Sess.), No. 7, §§ 65, 66; 2015 (1st Ex. Sess.), No. 8, §§ 65, 66.

6-1-302. Acts 2003 (2nd Ex. Sess.), No. 109, § 1.

6-1-303. Acts 2003 (2nd Ex. Sess.), No. 109, § 1; 2005, No. 1936, § 2.

6-1-304. Acts 2003 (2nd Ex. Sess.), No. 109, § 1.

Subchapter 4 — School Leadership Coordinating Council

A.C.R.C. Notes. Acts 2009, No. 222, § 3, provided: “The document attached hereto titled ‘Prologue’ contains the Leadership Taskforce recommendations as submitted to the Adequacy Study Oversight Subcommittee, the House Interim Committee on Education, and the Senate Interim Committee on Education. The document, ‘Prologue’, shall be filed in the journals of the House and Senate.”

Effective Dates. Acts 2009, No. 222, § 4: Feb. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state's public school children receive an equal opportunity for an adequate education; that to ensure that opportunity, it is essential to have strong and effective school leaders; and that this act is immediately necessary to allow the Department of Education, the Department of Higher Education, the Department of Workforce Education, and the Arkansas Leadership Academy to address deficiencies in the Arkansas's educational leadership system. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-1-401. Title.

There is established the “School Leadership Coordinating Council”.

History. Acts 2009, No. 222, § 1.

6-1-402. Findings.

The General Assembly finds that:

  1. A statewide performance and results-based system of leadership development to ensure high levels of collaborative leadership and continuous improvement must have all educators work collaboratively with community stakeholders to apply effective, evidence-based strategies and practices that increase student and adult learning and close the achievement gap;
  2. High-quality classroom teaching and administrative leadership are strong predictors of student success, and all educators in the state must possess the skills and knowledge to increase student and adult learning and close the achievement gap;
  3. High-quality leadership capacity building and training is required to align the public education system from kindergarten through postsecondary and workforce readiness with an objective of universal proficiency for all students;
  4. High-quality learning experiences focus on both individual and organizational improvement and provide educational leaders with a variety of support systems as they progress on the career continuum from aspiring to retiring; and
  5. An effective statewide leadership development system will result in increased graduation rates, reduced remediation rates, the closing of achievement gaps, increased student and adult performance, increased recruitment of effective leaders, and increased capacity for instructional leaders, and thus will increase the number of Arkansas citizens with bachelor's degrees.

History. Acts 2009, No. 222, § 1.

6-1-403. Purpose.

The purpose of the School Leadership Coordinating Council is to:

  1. Serve as a central body to coordinate the leadership development system efforts across the state including:
    1. Encouraging school districts to work with the Division of Elementary and Secondary Education, the Division of Higher Education, the Division of Career and Technical Education, and other leadership groups;
    2. Recommending a state leadership development system to coordinate all aspects of leadership development based on educational leadership standards adopted by the Division of Elementary and Secondary Education; and
    3. Devising a system of gathering data that includes input from practitioners, educational and community leaders, university leadership and faculty, and other interested parties;
  2. Assist the Division of Elementary and Secondary Education, the Division of Higher Education, the Division of Career and Technical Education, school districts, and other leadership groups in enhancing school leadership and school support efforts; and
  3. Aid in the development of model evaluation tools for use in the evaluation of school administrators.

History. Acts 2009, No. 222, § 1; 2019, No. 692, § 1; 2019, No. 910, § 1036.

Amendments. The 2019 amendment by No. 692 deleted “the Arkansas Leadership Academy School Support Program” preceding “and other leadership groups” in (1)(A) and preceding “school districts” in (2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; in (1)(A) and (2), substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Career and Technical Education” for “Department of Career Education”; and deleted “the Arkansas Leadership Academy School Support Program” preceding “and other leadership groups” in (1)(A) and preceding “school districts” in (2).

6-1-404. Creation.

  1. The School Leadership Coordinating Council consists of seventeen (17) members as follows:
    1. The Chair of the Arkansas Association of Colleges for Teacher Education Council of Deans;
    2. The Commissioner of Elementary and Secondary Education;
    3. The Director of the Arkansas Leadership Academy;
    4. The Director of the Division of Higher Education;
    5. The Director of the Division of Career and Technical Education;
    6. The Executive Director of the Arkansas Association of Educational Administrators;
    7. The Executive Director of the Arkansas Education Association;
    8. The Executive Director of the Arkansas School Boards Association;
    9. The Executive Director of the Arkansas Association for Supervision and Curriculum Development;
    10. The Executive Director of the Arkansas Rural Ed Association;
    11. A representative from the Arkansas Professors of Educational Administration;
    12. A representative from the Arkansas Center for Executive Leadership;
    13. A representative from an education service cooperative;
    14. A representative from the Arkansas Public School Resource Center, Inc.;
    15. A representative from the Arkansas State Teachers Association;
    16. The Chair of the Senate Committee on Education or the chair's designee; and
    17. The Chair of the House Committee on Education or the chair's designee.
  2. Any member may appoint a designee to serve in his or her place if necessary.
    1. The Chair of the School Leadership Coordinating Council is elected by majority vote at the first meeting of the council.
    2. All changes in council chair are decided by majority vote of the council.
    1. The council shall meet at the times and places that the chair deems necessary but no less than four (4) times per year.
    2. Seven (7) members of the council shall constitute a quorum for the purpose of transacting business.
    3. All actions of the council are by quorum.
  3. The Division of Elementary and Secondary Education, with the assistance of the Division of Higher Education and the Division of Career and Technical Education, shall staff the council.
    1. All nonlegislative members of the council may receive expense reimbursement in accordance with § 25-16-902 paid by the Division of Elementary and Secondary Education if funds are available.
    2. Legislative members of the council shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly.

History. Acts 2009, No. 222, § 1; 2017, No. 344, §§ 1, 2; 2019, No. 910, §§ 1037-1040.

Amendments. The 2017 amendment substituted “seventeen (17)” for “thirteen (13)” in the introductory language of (a); substituted “Executive Director” for “President” in (a)(10); added (a)(14) through (a)(17); redesignated former (f) as (f)(1); inserted “nonlegislative” in (f)(1); and added (f)(2).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(2); substituted “Division of Higher Education” for “Department of Higher Education” in (a)(4) and (e); substituted “Division of Career and Technical Education” for “Department of Career Education” in (a)(5) and (e); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e) and (f)(1).

6-1-405. Report.

  1. The Chair of the School Leadership Coordinating Council shall provide a report to the House Committee on Education and the Senate Committee on Education no later than September 1, 2010, and each year thereafter.
  2. The report shall identify:
    1. Deficient areas of school leadership;
    2. Innovative programs to address deficient areas of school leadership;
    3. Progress made to improve school leadership;
    4. Plans to improve the quality of school leadership throughout the state;
    5. Development and activities of school leadership cohorts; and
    6. Efforts made to address school leadership recommendations expressed in the 2008 Educational Adequacy report or subsequent reports submitted by the House Committee on Education and the Senate Committee on Education.

History. Acts 2009, No. 222, § 1.

Subchapter 5 — The Arkansas Project Graduation Commission

6-1-501 — 6-1-505. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Project Graduation Commission, was repealed by Acts 2013, No. 581, § 2. The subchapter was derived from the following sources:

6-1-501. Acts 2009, No. 1306, § 1.

6-1-502. Acts 2009, No. 1306, § 1.

6-1-503. Acts 2009, No. 1306, § 1.

6-1-504. Acts 2009, No. 1306, § 1.

6-1-505. Acts 2009, No. 1306, § 1.

Subchapter 6 — College and Career Coaches Program

A.C.R.C. Notes. Acts 2013, No. 1285, § 1, provided: “The General Assembly finds that:

“(1) Many students leave high school:

“(A) Without a plan for their education, training, or career after high school;

“(B) Unaware or lacking understanding of the process or preparation required for success after high school graduation; and

“(C) Failing to recognize the value of secondary education, leading to high dropout rates; and

“(2) The state has a responsibility to assist the citizens of Arkansas to advance and to prosper by providing access to the College and Career Coaches Program that will assist students by:

“(A) Intervening at the middle school and high school level;

“(B) Assisting students with developing and maintaining dynamic career plans;

“(C) Exposing students to various opportunities for careers and education after high school; and

“(D) Educating students about the process for pursuing postsecondary education and financial assistance.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-1-601. Findings.

The General Assembly finds that:

  1. Highly skilled and educated people who can handle demanding jobs and generate new ideas are necessary for Arkansas to prosper in a global economy; and
  2. With only eighteen percent (18%) of Arkansans twenty-five (25) years of age and older holding a baccalaureate degree, Arkansas is ranked forty-ninth in the nation for adults who hold a baccalaureate degree, creating an impediment to the success of the state.

History. Acts 2013, No. 1285, § 2.

6-1-602. Creation — Program participation.

    1. The College and Career Coaches Program is established to assist students in preparing for postsecondary education or careers.
    2. Coaches shall be accessible to students who attend middle schools and high schools.
  1. A school district participating in the College and Career Coaches Program is eligible for administrative support and supplemental grants if funding is available.
  2. A school district may use national school lunch state categorical funds to support the school district's participation in the College and Career Coaches Program.
  3. Participation in the College and Career Coaches Program is contingent on the availability of funding.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, § 1.

Amendments. The 2015 amendment deleted “located in Tier 3 and Tier 4 counties” at the end of (a)(2); deleted former (b); and redesignated the remaining subsections accordingly.

6-1-603. Program administration.

  1. The Division of Career and Technical Education, in partnership with the Division of Elementary and Secondary Education and the Division of Higher Education, shall develop and administer the College and Career Coaches Program.
  2. The Division of Career and Technical Education shall manage the College and Career Coaches Program and:
    1. Provide guidelines and procedures for implementing the College and Career Coaches Program;
    2. Develop, coordinate, and offer training opportunities for college and career coaches;
    3. Monitor implementation of the College and Career Coaches Program by on-site technical assistance visits at least one (1) time every five (5) years;
    4. Develop guidelines and procedures for the application process;
    5. Accept or reject the annual application of a College and Career Coaches Program after:
      1. Reviewing and evaluating evidence of the performance and success of a College and Career Coaches Program; and
      2. Prioritizing approval and supplemental grant funding to College and Career Coaches Programs in Tier 3 and Tier 4 counties that are operated in partnership between a school district, an institution of higher education, an education service cooperative, or a nonprofit organization; and
    6. Prepare annual reports that may be shared with members of the:
      1. Governor's Workforce Cabinet;
      2. General Assembly; and
      3. Office of the Governor.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, § 2; 2017, No. 128, § 1; 2019, No. 910, §§ 1041, 1042.

Amendments. The 2015 amendment substituted “program advisors” for “managers” in the introductory language of (b).

The 2017 amendment deleted “the division manager for Arkansas Works, an administrative analyst, and at least two (2) program advisors” following “The Department of Career Education” in the introductory language of (b).

The 2019 amendment, in (a), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education”; and substituted “Division of Career and Technical Education” for “Department of Career Education” in (a) and (b).

6-1-604. College and career coaches — Duties — Supervision.

  1. A college and career coach shall:
    1. Hold a baccalaureate degree; and
    2. Hold a career development facilitator certification or be eligible to complete the required career development facilitator training within one (1) year of hiring.
  2. The college and career coaches shall be stationed at an institution of higher education, an education service cooperative, or a nonprofit organization and shall provide services and support to students in middle schools and high schools, including without limitation:
    1. Assisting the career orientation instructor with the development of college and career plans for students, beginning in grade seven (7);
    2. Assisting the school counselor with college and career planning resources and revising college and career plans for each student annually, beginning in grade nine (9);
    3. Offering high school students college and career planning services and activities that combine counseling on career options and experiential learning with academic planning to assist students with their college and career plans;
    4. Encouraging parental participation by scheduling annual parent sessions, beginning with students in grade seven (7), to assist parents and students in understanding the college and career planning process;
    5. Providing parents and high school students with information about career and technology education program opportunities available in Arkansas and the level of education and skill required to be successful in various career fields;
    6. Preparing high school students with information and preparation for financing a postsecondary education;
    7. Assisting schools in promoting quality career development for students in grades seven through twelve (7-12);
    8. Supporting students in middle school and high school in the exploration of career clusters and the selection of an area of academic focus with a cluster of study;
    9. Improving and promoting career development and college planning opportunities within school districts and communities;
    10. Attending continuing education programs on the certified career development facilitator curriculum sponsored by the state;
    11. Coordinating with school counselors and school administrators on career day events, career classes, career programming, college planning, and financial aid activities;
    12. Coordinating community resources and citizens representing diverse occupations to provide career development activities for parents and students; and
    13. Assisting with online-based career guidance and college planning systems.
    1. An institution of higher education, an education service cooperative, or a nonprofit organization participating in the College and Career Coaches Program shall assign an on-site supervisor who shall:
      1. Supervise the program locally; and
      2. Be a liaison between the institution of higher education, education service cooperative, or nonprofit organization and the Division of Career and Technical Education.
    2. The division and the on-site supervisor shall evaluate the performance of each college and career coach.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, §§ 3, 4; 2017, No. 128, § 2; 2019, No. 910, §§ 1043, 1044.

Amendments. The 2015 amendment substituted “Hold a career development facilitator certification or be eligible to complete” for “Complete” in (a)(2); and deleted “in Tier 3 and Tier 4 counties” following “middle schools and high schools” in the introductory language of (b).

The 2017 amendment deleted “through the division manager for Arkansas Works” following “The department” in (c)(2).

The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (c)(1)(B); and substituted “Division of Career and Technical Education” for “department” in (c)(2).

6-1-605. Program effectiveness and measurement.

    1. The effectiveness of the College and Career Coaches Program shall be evaluated based on measurable benefits to students, including increases in:
      1. High school graduation rates;
      2. Completion of the Smart Core curriculum;
      3. College attendance rates;
      4. Remediation rates; and
      5. Applications for financial aid.
      1. The Division of Elementary and Secondary Education and the Division of Higher Education shall collect and prepare performance data reports to determine the effectiveness of the program.
      2. The data shall be collected for each county and school district served by the program and shall be shared with the Division of Career and Technical Education on January 1 and August 1 each year.
  1. Annually, each college and career coach shall submit a report to the Division of Career and Technical Education describing his or her student contacts and the programs and services provided.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, § 5; 2017, No. 128, § 3; 2019, No. 910, §§ 1045, 1046.

Amendments. The 2015 amendment, in (a)(2)(A), substituted “prepare” for “report” and inserted “reports”.

The 2017 amendment substituted “Department of Career Education” for “division manager for Arkansas Works” in (b).

The 2019 amendment, in (a)(2)(A), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education”; and substituted “Division of Career and Technical Education” for “Department of Career Education” in (a)(2)(B) and (b).

Chapter 2 Corporate Charters

Preambles. Acts 1965, No. 562 contained a preamble which read:

“Whereas, the United States Government is making substantial contributions toward meeting the need for additional housing, administrative, laboratory, and library facilities of the institutions of learning organized under the provisions of Chapter 14 of Title 64, Arkansas Statutes, 1947, and is requiring that the long-term bonds that are being issued to secure funds for these facilities be secured in part by a mortgage upon the project for which bonds are issued and the ground upon which the project is built, so that it becomes most important that there be an express grant of the power to meet these requirements by the said institutions of learning;

“Now, therefore … .”

Effective Dates. Acts 1871, No. 42, § 10: effective on passage.

Acts 1911, No. 375, § 14: effective on passage.

Acts 1965, No. 562, § 3: Mar. 24, 1965. Emergency clause provided: “It has been found and is declared by the General Assembly that there is an urgent need for additional housing facilities, classrooms, libraries, and laboratories for the institutions affected by this act; that the amount of federal aid money is limited; that the essential functions of these institutions are jeopardized by their lack of power to acquire necessary funds; and that enactment of this measure will provide the remedy. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

6-2-101. Applicability.

The provisions of this chapter shall apply to all institutions at present existing under or by virtue of charters in the State of Arkansas.

History. Acts 1911, No. 375, § 10; C. & M. Dig., § 1773; A.S.A. 1947, § 64-1410.

6-2-102. Number of persons required to incorporate — Name of association.

  1. Any number of persons, the multiple of three (3), not less than six (6) nor more than thirty-three (33), who have associated or shall associate, according to the provisions of this chapter, under any name assumed by them, for the purpose of founding or maintaining any institution of learning, and who shall comply with the provisions of this chapter, shall, with their successors, constitute a body corporate under the name assumed by them in their articles of association.
  2. The name so assumed shall not be the same as that of any other educational institution in the state.

History. Acts 1911, No. 375, § 1; C. & M. Dig., § 1764; A.S.A. 1947, § 64-1401.

Case Notes

Cited: Hilger v. Harding College, Inc., 231 Ark. 686, 331 S.W.2d 851 (1960).

6-2-103. Purpose — Use of funds or property.

  1. The purpose for which every such corporation shall be established shall be distinctly specified in its articles of association.
  2. It shall not be lawful for the corporation to divert or appropriate its funds or property for any other purpose unless authorized to do so by the person, conference, convention, association, synod, or other body under whose auspices the institution may have been established or for whose benefit it may be maintained, or by which it may be controlled.

History. Acts 1911, No. 375, § 2; C. & M. Dig., § 1765; A.S.A. 1947, § 64-1402.

6-2-104. Initial meeting — Quorum.

  1. When the requisite number of persons shall have associated according to the provisions of this chapter, any three (3) of them may call the first meeting of the corporation by giving notice of the meeting to each member of the association by written or printed circulars at least ten (10) days before the time of the meeting and when they shall elect the necessary officers.
  2. The majority of members shall constitute a quorum.

History. Acts 1911, No. 375, § 3; C. & M. Dig., § 1766; A.S.A. 1947, § 64-1403.

6-2-105. Trustees.

  1. The persons thus associated shall be the trustees of the proposed institution.
  2. Unless they otherwise provide in their charter, the trustees shall annually elect their officers from their number.
  3. Unless otherwise provided by their charter, one-third (1/3) of the whole number of the trustees shall be annually retired from the office, the number to be determined by lot, and others or the same persons shall be elected to fill the vacancies.
  4. The trustees shall hold office until their successors have been elected in the manner provided above.

History. Acts 1911, No. 375, § 4; C. & M. Dig., § 1767; A.S.A. 1947, § 64-1404.

6-2-106. [Repealed.]

Publisher's Notes. This section, concerning certification and revocation of charters, was repealed by Acts 1993, No. 294, § 2. The section was derived from Acts 1911, No. 375, § 9; C. & M. Dig., § 1772; Acts 1975, No. 903, § 6; A.S.A. 1947, § 64-1409.

6-2-107. Change of name or provisions.

  1. Whenever the trustees of any corporate institution of learning are desirous of changing its name or the provisions of its charter, they may meet at their regular place of transacting business and change the name of the institution or the provisions of its charter.
  2. A majority of all the trustees shall consent to the change, and no change shall be made without due notice of the meeting and the intention thereof given to the several trustees at least ten (10) days before the time of such meeting.
  3. When a change of name or of the provisions of the charter shall be made, the changes shall not be effective until they are approved by the State Board of Education.
  4. When a change is so approved, a copy of the resolution of the board of trustees providing for such a change, together with a certificate of the State Board of Education as to its approval, shall be filed in the office of the Secretary of State and recorded by him or her in a book to be kept for such purposes.

History. Acts 1911, No. 375, §§ 11, 12; C. & M. Dig., §§ 1774, 1775; A.S.A. 1947, §§ 64-1411, 64-1412.

6-2-108. Filing and recording fees.

  1. The Secretary of State may set and receive a reasonable fee for the filing and recording of a charter of any educational institution or any certificate as to change of name or of the provisions of any such charter.
  2. Such fee shall be paid by the board of trustees of the institution filing such document.

History. Acts 1911, No. 375, § 13; C. & M. Dig., § 1776; A.S.A. 1947, § 64-1413; Acts 1993, No. 294, § 2.

6-2-109. Corporate power and government.

  1. Unless otherwise provided in its charter or by the governing body of the church or denomination under whose control the institution is organized and maintained, the corporation thus formed shall:
    1. Have perpetual succession;
    2. Be empowered to fill all vacancies occurring in the corporation by removal, death, resignation, or expiration of term of office;
    3. Have power to sue and be sued, to contract and be contracted with, to make and to use a common seal and to alter it at pleasure;
    4. Have power to buy and to sell real and personal property and to take by gift, conveyance, devise, or bequest real and personal property, and to hold them;
    5. Have power to enter into cooperative relations with other educational institutions for the establishment and maintenance of such departments or schools as they may agree to correlate; and
    6. Have power to make rules for the government of such departments or schools as they may deem proper.
  2. The board of trustees of the corporation:
    1. Shall be charged with the government of the institutions established by its agency and the appointment of all officers and instructors therefor and the compensation of them; and
    2. May delegate their powers of government to the president and faculty of any such institutions or to an executive committee composed of three (3) or more of its members.

History. Acts 1911, No. 375, § 5; C. & M. Dig., § 1768; A.S.A. 1947, § 64-1405.

Case Notes

Cited: Hilger v. Harding College, Inc., 231 Ark. 686, 331 S.W.2d 851 (1960).

6-2-110. Power to borrow for the construction of facilities.

The governing body of a corporation organized under the provisions of this chapter shall have the power, for and on behalf of the corporation:

  1. To borrow money from time to time for construction of facilities for its corporate purposes;
  2. To evidence such indebtedness by promissory notes, bonds, or other negotiable evidences of indebtedness;
  3. To secure the payment and the interest on the money borrowed by mortgage, pledge, conveyance, or assignment in trust of the whole or any part of the real and personal property of the corporation, whether at the time owned or thereafter acquired; and
  4. To sell, pledge, and otherwise dispose of bonds or other obligations of the corporation issued for its corporate purposes.

History. Acts 1965, No. 562, § 1; A.S.A. 1947, § 64-1415.

6-2-111. Degrees, diplomas, and honors.

  1. All institutions incorporated as colleges or universities shall have power to confer the customary degrees and grant the usual diplomas and honors conferred by reputable institutions of like grade.
    1. No degree or diploma of any kind shall be conferred by any institution of higher education that has not been incorporated in the manner provided by law.
    2. No institution of higher education shall confer degrees upon students for mere correspondence courses or upon any student who has not studied in residence at the institution for one (1) scholastic year.
    3. No purely honorary degree shall be conferred except by institutions of higher education maintaining standard collegiate or university courses with at least six (6) full professors and a body of genuine college or university students in residence.
    1. Any president, professor, or other officer of any institution of higher education who shall violate the provisions of subsection (b) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).
    2. It is made the duty of the Arkansas Higher Education Coordinating Board to enforce this section.

History. Acts 1911, No. 375, §§ 7, 8; C. & M. Dig., §§ 1770, 1771; A.S.A. 1947, §§ 64-1407, 64-1408; Acts 1993, No. 294, § 2; 2005, No. 1994, § 58.

6-2-112. Gift, bequest, or devise for particular purpose.

No gift, bequest, or devise made to any such institution for a particular purpose shall be applied to any other purpose unless it is impossible or impracticable for the original purpose to be executed.

History. Acts 1911, No. 375, § 6; C. & M. Dig., § 1769; A.S.A. 1947, § 64-1406.

6-2-113. Prohibition on gaming and liquor sales.

  1. To protect the youth assembled at institutions organized under the provisions of this chapter, while removed from the customary restraints of home and parental watch-care, it is declared to be a misdemeanor to entice any student of such institution into the practice of gaming or to furnish any student any device or instrument for gaming or any intoxicating liquors of any kind whatever.
  2. If the institution is located in a city or any incorporated town or village where a majority of the legal voters embraced in the territory within three (3) miles of the institution so decide by petition to the county court, then any billiard room, bowling alley, or race course, or any device or instrument for gaming, or any brothel or house of ill fame, or theatrical or circus exhibition, or public place where intoxicating liquors are either given away or sold, except for mechanical or medicinal purposes, within three (3) miles of the site of the institution shall be prohibited by the court.
  3. Any person who violates such regulation established by the court shall be guilty of a Class B misdemeanor.

History. Acts 1871, No. 42, § 7; C. & M. Dig., § 1777; A.S.A. 1947, § 64-1414; Acts 2005, No. 1994, § 384.

Chapter 3 Arkansas Educational Television Commission

Effective Dates. Acts 1961, No. 198, § 9: Mar. 8, 1961. Emergency clause provided: “It has been found and is declared by the General Assembly that public education has suffered severely from numerous disruptive influences in the past half decade; that dangerous propaganda inimical to the American way of life is rampant on all sides; that the young people of the State, future citizens and leaders, are the chief objects of brainwashing operations engineered by the minions of totalitarianism; that countermeasures to such subversive influences are necessary to the continued existence of constitutional democracy; that enactment of this bill will contribute materially to defeating the aims of this subversive propaganda. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1963, No. 493, § 3: Mar. 20, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is in the best interests of the development of educational television in this State and of all the citizens of this State that the membership of the Arkansas Educational Television Commission be more equitably distributed over the State, and that persons engaged in the field of public education be qualified to membership on said Commission, and that this Act is immediately necessary to accomplish these purposes. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1967, No. 421, § 3: Mar. 16, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is necessary for the Educational Television Commission to either prepare or purchase instructional materials for sale to schools in this State, to be used in connection with educational television programs offered by the educational television studio, and it is immediately necessary to establish authority for said Commission to create a revolving cash fund into which receipts from such sales may be deposited and from which expenditures may be made to purchase instructional materials, and to pay the cost of freight, postage, and other handling costs in the distribution thereof to schools in this State. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 481, § 3: Apr. 4, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that Educational Television Commission must, in order to obtain the services of capable personnel, enter into contracts with other educational institutions in this State, and that the immediate passage of this act is necessary to establish a method and procedure whereby the Educational Television Commission may make payment for such services. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 295, § 3: Mar. 21, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present statutory provisions are not clear as to how the moneys received by the Educational Television Commission from gifts and grants are to be handled; that there is no authorization for depositing such moneys in a bank account and disbursing such moneys for the purposes for which they were donated or granted; and that only by the passage of this act can this ambiguity be corrected. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall become effective from and after its passage and approval.”

Acts 1977, No. 642, § 3: July 1, 1977.

Acts 1981, No. 10, § 3: Feb. 2, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy Third General Assembly, that the immediate passage of this Act is necessary to prevent irreparable harm to the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 914, § 11: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided; and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1989 (1st Ex. Sess.), No. 126, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1993, No. 61, § 12: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1993, No. 1313, § 45: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2167, § 16: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-3-101. Creation.

There is created the Arkansas Educational Television Commission.

History. Acts 1961, No. 198, § 1; A.S.A. 1947, § 80-3901; A.S.A. 1947, § 5-910.

A.C.R.C. Notes. Acts 1971, No. 38, § 10 transferred the records, personnel, property, and funds of the Arkansas Educational Television Commission to the newly created Educational Television Division of the Department of Education in a type 4 transfer.

6-3-102. Members.

    1. The Arkansas Educational Television Commission shall consist of eight (8) members, who shall be residents and qualified electors of the State of Arkansas, with at least one (1) member being appointed from each of the congressional districts of the state.
    2. At least one (1) member shall be a person who is actively engaged in the field of education in the public school system of this state, and one (1) member shall be a person actively engaged in education in an institution of higher education in this state.
    3. No member of the commission shall hold any other office of profit or trust under the United States, the State of Arkansas, or any political subdivision thereof, or any office or employment paid in whole or in part by any funds derived from tax sources, except persons actively engaged in the field of education in the public schools or institutions of higher education in this state.
    4. No member of the commission shall have any financial interest in any facilities such as the commission is authorized to deal with, including any interest in any commercial television or radio station.
    1. Members of the commission shall be appointed by the Governor with the advice and consent of the Senate for terms of eight (8) years.
    2. Members of the commission shall be eligible for reappointment.
    3. If a vacancy occurs at a time when the Senate is in session, the Governor shall, with the advice and consent of the Senate, appoint another member of the commission for the unexpired term.
    4. If a vacancy occurs when the Senate is not in session, the Governor shall appoint a member of the commission who shall take office immediately, but his or her appointment shall be subject to confirmation by the Senate at the next session of the General Assembly.
    5. If the appointment of such member of the commission is confirmed by the Senate, he or she shall serve the remainder of the unexpired term.
  1. Each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

History. Acts 1961, No. 198, §§ 2, 3; 1963, No. 493, § 1; 1977, No. 642, § 1; A.S.A. 1947, §§ 80-3902, 80-3902.1, 80-3903; Acts 1989 (1st Ex. Sess.), No. 126, § 8; 1997, No. 250, § 12.

A.C.R.C. Notes. The terms of the members of the Arkansas Educational Television Commission are arranged so that one term expires every year.

6-3-103. Organization — Rules and regulations.

  1. Promptly after their appointment, the members of the Arkansas Educational Television Commission shall meet to organize.
  2. At the meeting they shall choose from their number a chair, a secretary, and such other officers as they deem necessary.
  3. Thereafter officers shall be elected annually.
  4. The commission shall adopt rules regulating the conduct of its meetings and the transaction of the business of the commission.

History. Acts 1961, No. 198, § 4; 1963, No. 493, § 2; A.S.A. 1947, § 80-3904.

6-3-104. Agents and employees.

  1. The Arkansas Educational Television Commission may appoint such agents and employees as it deems necessary or may delegate to one (1) or more of its members, officers, agents, or employees such powers and duties as it deems proper and is authorized to do by legislation.
    1. The commission is authorized to contract with other educational institutions in this state for the employment and use, on a contract basis, of the full-time or part-time services of employees of those educational institutions and may pay for their services in accordance with the provisions of such contracts.
    2. In the event the commission shall determine that the use of full-time or part-time services of employees of such other educational institutions in this state shall make it necessary that payment therefor be from funds appropriated for the commission for the payment of regular salaries of employees of the commission, upon certification of the amount to the Chief Fiscal Officer of the State, the amount shall be transferred from the appropriation made for regular salaries of the commission for the fiscal year involved to the appropriation for maintenance and general operation of the commission for such fiscal year and may be expended for payments under contracts as authorized herein.

History. Acts 1961, No. 198, § 4; 1963, No. 493, § 2; 1967, No. 481, § 1; A.S.A. 1947, §§ 80-3904, 80-3907.

6-3-105. Purpose — Powers and duties generally.

  1. The Arkansas Educational Television Commission is organized for the purpose of making the benefits of educational television available to and promoting its use by inhabitants of Arkansas.
  2. To this end, the Arkansas Educational Television Commission is empowered and directed to survey, study, and appraise the need for an overall plan for the use of television facilities available for noncommercial educational use in the state.
  3. The Arkansas Educational Television Commission is specifically charged with the duty of controlling and supervising the use of channels reserved by the Federal Communications Commission to Arkansas for noncommercial educational use.
    1. The Arkansas Educational Television Commission may designate the location of stations to utilize such channels and make rules governing the operation of these stations and the programs televised over these channels.
    2. The Arkansas Educational Television Commission may own and operate television stations to utilize these channels, or it may contract with individuals, corporations, educational institutions, or other governmental agencies for the operation of such stations.

History. Acts 1961, No. 198, § 5; A.S.A. 1947, § 80-3905; Acts 2019, No. 315, § 176.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d)(1).

6-3-106. Execution of contracts.

The Arkansas Educational Television Commission is authorized to execute all contracts and other instruments necessary and convenient to carry out the mandates of this chapter.

History. Acts 1961, No. 198, § 6; 1969, No. 295, § 1; A.S.A. 1947, § 80-3906.

6-3-107. Acceptance of gifts or grants.

  1. The Arkansas Educational Television Commission may solicit and accept gifts or grants of money, real or personal property, and voluntary and uncompensated services from any person, federal or other governmental agency, board of education, educational institution, or commercial or industrial enterprise.
  2. Any gifts and grants of money and any moneys derived from the sale of real or personal property donated to the commission may be placed in a bank in this state and may be disbursed by the commission for the purposes for which the gifts, grants, or real or personal property was donated or granted.

History. Acts 1961, No. 198, § 6; 1969, No. 295, § 1; A.S.A. 1947, § 80-3906.

6-3-108. Equipment — Limits on commission responsibility.

After receipt of any equipment furnished or installed by the Arkansas Educational Television Commission, the commission will not be responsible:

  1. For additional reception problems which may occur; or
  2. For replacement of any of the furnished equipment.

History. Acts 1981, No. 10, § 2; A.S.A. 1947, § 80-3909.

6-3-109. Revolving cash fund.

  1. The Arkansas Educational Television Commission is authorized to establish in a bank authorized to do business in this state, selected by the commission, a revolving cash fund into which the commission shall pay all funds received from the sale of instructional materials prepared by the commission or purchased by the commission and sold to schools in this state in connection with educational television programs.
  2. In addition, the commission is authorized to expend from the revolving cash fund amounts necessary to purchase instructional materials for sale to schools to be used for educational television purposes, including the cost of freight, postage, handling, and other delivery costs incidental to the purchase or sale.
  3. The commission shall keep a complete record of all receipts and expenditures from the revolving cash fund and shall make the record available to Arkansas Legislative Audit for audit and verification.

History. Acts 1967, No. 421, § 1; A.S.A. 1947, § 80-3908.

6-3-110. Appropriation and annual audit — State employees — Definition.

  1. No person employed by the Arkansas Educational Television Commission and paid from state funds shall receive supplemental compensation or remuneration from funds not appropriated by the state.
    1. Only an appropriate state employee may supervise state employees of the Educational Television Division of the Department of Education.
    2. No person or employee paid with funds not appropriated by the General Assembly shall supervise any state employee of the division.
  2. As used in this section, “state employee” means an individual paid by funds appropriated by the General Assembly.

History. Acts 1987, No. 914, § 6; 1993, No. 61, § 6; 1993, No. 1313, § 36; 1995, No. 1296, § 12; 2005, No. 2167, § 12; Acts 2007, No. 827, § 112.

6-3-111. Budget requests.

The Director of the Educational Television Division of the Division of Elementary and Secondary Education shall submit budget requests of the Educational Television Division to the State Board of Education and the Commissioner of Elementary and Secondary Education for their review and approval before the budget submissions are forwarded to the Governor and the Legislative Council.

History. Acts 1987, No. 914, § 7; 2019, No. 910, § 1047.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Educational Television Division” for “division”, and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-3-112. Authorization for lease of facilities.

    1. The Arkansas Educational Television Commission is authorized and empowered to arrange for the use of its facilities, including without limitation tower space, studios, and equipment, by any federal, state, or local governmental agency or by any other person, from time to time, as any of such facilities are not needed by the commission, and to collect fees and charges, as the commission determines to be reasonable, in connection with the use of any such facilities by any other person.
    2. Provided, however, agencies and educational institutions of the State of Arkansas shall have preference for the use of commission facilities over other entities and persons and shall be assessed fees and charges at preferential rates as determined by the commission.
  1. The commission shall be exempt from complying with general provisions of other laws dealing with public commodities and facilities and their acquisition, leasing, or disposition in relation to the use of its studios by other persons in such cases, as advertising for bids would be impractical because of time limitations.
  2. Any revenue received by the commission from the use of its facilities by other persons shall be cash funds pursuant to § 6-3-109.
  3. The commission is authorized to promulgate such rules as it deems necessary for the implementation of this section.

History. Acts 1993, No. 329, §§ 1-4; 2019, No. 315, § 177.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (d).

6-3-113. Eminent domain power.

    1. The Arkansas Educational Television Commission is hereby granted the right of eminent domain to condemn real property leased or rented by the commission if the property is deemed to be necessary or desirable by the commission for making the benefits of educational television available to the citizens of Arkansas or to otherwise carry out the purposes of this chapter, and if the commission is unable to agree with the owner of the land, or if, by legal incapacity or absence of the owner, no agreement can be made for the purchase.
    2. All suits for condemnation of real property under the provisions of this section shall be brought by the commission in the name of the State of Arkansas.
    3. The real property may be acquired in fee simple or in any lesser estate.
    1. The commission is authorized to make payment for real property acquired under the provisions of this section out of any appropriation made for the commission.
    2. No land shall be taken or contracted to be taken for an amount beyond the sum available therefor.
  1. The commission shall exercise the power of eminent domain in the manner provided for in § 27-67-311 et seq.
    1. Actions by the commission to condemn real property shall be brought in the county in which the land is situated.
    2. If the land is located in more than one (1) county, the action may be brought in any county in which the land is situated.

History. Acts 1993, No. 1007, §§ 1-4.

Chapter 4 Interstate Compacts

Cross References. Student loans, § 6-81-201 et seq.

Subchapter 1 — Southern Regional Education Compact

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this subchapter also uses the name Southern Regional Education Board.

Preambles. Acts 1957, No. 51 contained a preamble which read:

“Whereas, in 1949 the State of Arkansas joined with other Southern States in the formation of the Southern Regional Educational Compact; and

“Whereas, a number of changes in said Compact have been proposed since its creation in 1949; and

“Whereas, it is the purpose of this Act to give effect to such proposed changes;

“Now, therefore … .”

Effective Dates. Acts 1957, No. 51, § 5: Feb. 15, 1957. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the educational system of this State is overcrowded, that there is a need for greater educational advantages and facilities for the citizens of this State in the professional, technological, scientific, literary, and other fields, and that enactment of this Compact will help provide the facilities to meet these needs and relieve this overcrowded condition. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1957, No. 243, § 7: Mar. 12, 1957. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that courses of study in certain advanced fields of higher education are unavailable in Arkansas, that Arkansas residents find it difficult to secure admission to institutions in other states in the southern region because they are nonresidents, that the General Assembly has acknowledged and approved Arkansas' participation in the Board of Control for Southern Regional Education which has among its purposes that of furthering admission of students to institutions of learning which might otherwise decline their admission because they are nonresidents, that there is urgent need for Arkansas residents to be accepted for admission to study certain areas of education facilities which are unavailable in Arkansas and which may remain unavailable because of the prohibitive cost of creating and maintaining such courses of study here, and that enactment of this bill will provide for ending this discrimination against Arkansas residents. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1993, No. 1259, § 18: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-4-101. Text of compact.

The Governor on behalf of this state is authorized to execute a compact, in substantially the following form, with any one (1) or more of the States of Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, and the General Assembly signifies in advance its approval and ratification of such compact:

SOUTHERN REGIONAL EDUCATION COMPACT

ARTICLE I.

In consideration of the mutual agreements, covenants, and obligations assumed by the respective states who are parties hereto, namely: Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia (hereinafter referred to as “states”), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area for regional education support by public funds derived from taxation by the constituent states and derived from other sources for the establishment, acquisition, operation, and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact.

ARTICLE II.

The states do further hereby establish and create a joint agency which shall be known as the Board of Control for Southern Regional Education (hereinafter referred to as the “board”), the members of which board shall consist of the Governor of each state, ex officio, and four (4) additional citizens of each state to be appointed by the Governor thereof, at least one (1) of whom shall be selected from the field of education, and at least one (1) of whom shall be a member of the legislature of that state.

The Governor shall continue as a member of the board during his tenure of office as Governor of the state, but the members of the board appointed by the Governor shall hold office for a period of four (4) years except that in the original appointments one (1) board member so appointed by the Governor shall be designated at the time of his appointment to serve an initial term of two (2) years, one (1) board member to serve an initial term of three (3) years, and the remaining board member to serve the full term of four (4) years, but thereafter the successor of each appointed board member shall serve the full term of four (4) years. Vacancies on the board caused by death, resignation, refusal or inability to serve shall be filled by appointment by the Governor for the unexpired portion of the term. The officers of the board shall be a chairman, a vice chairman, a secretary, a treasurer, and such additional officers as may be created by the board from time to time. The board shall meet annually and officers shall be elected to hold office until the next annual meeting. The board shall have the right to formulate and establish bylaws not inconsistent with the provisions of this compact to govern its own actions in the performance of the duties delegated to it including the right to create and appoint an Executive Committee and a Finance Committee with such powers and authority as the board may delegate to them from time to time. The board may, within its discretion, elect as its chairman a person who is not a member of the board, provided such person resides within a signatory state, and upon such election such person shall become a member of the board with all the rights and privileges of such membership.

ARTICLE III.

It shall be the duty of the board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary, or otherwise, as they may deem and determine to be proper, necessary, or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in said board as the agency of and for the use and benefit of the said states and the citizens thereof, and all such educational institutions shall be operated, maintained, and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment, and operation of such educational institutions.

ARTICLE IV.

In addition to the power and authority heretofore granted, the board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the board, to provide adequate services and facilities for the graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region, and such additional and general power and authority as may be vested in the board from time to time by legislative enactment of the said states.

ARTICLE V.

Any two (2) or more states who are parties of this compact shall have the right to enter into supplemental agreements providing for the establishment, financing, and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the board representing such states provided such agreement is submitted to and approved by the board prior to the establishment of such institutions.

ARTICLE VI.

Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to said board such funds as may be required for the establishment, acquisition, operation, and maintenance of such regional educational institutions as may be authorized by the states under the terms of this compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the Bureau of the Census of the United States of America; or upon such other basis as may be agreed upon.

ARTICLE VII.

This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within said eighteen (18) months' period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall forthwith name the members of the board from their states as hereinabove set out, and the board shall then meet on call of the Governor of any state approving this compact, at which time the board shall elect officers, adopt bylaws, appoint committees, and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time. Provided, however, that with respect to any state whose constitution may require amendment in order to permit legislative approval of the compact, such state or states shall become parties hereto upon approval of this compact by legislative action within seven (7) years from the date hereof, upon such conditions as may be agreed upon at the time.

ARTICLE VIII.

After becoming effective this compact shall thereafter continue without limitation of time; provided, however, that it may be terminated at any time by unanimous action of the states and provided further that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this compact.

ARTICLE IX.

If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges, and benefits of such defaulting state, its members on the board, and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default, this compact may be terminated with respect to such defaulting state by an affirmative vote of three-fourths (¾) of the members of the board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges, or obligations of the remaining states thereunder.

History. Acts 1957, No. 51, § 1; A.S.A. 1947, § 80-3701.

6-4-102. Legislative approval.

  1. The Southern Regional Education Compact is approved, and the State of Arkansas is declared to be a party to the compact.
  2. Agreements, covenants, and obligations in the compact are binding upon the State of Arkansas.

History. Acts 1957, No. 51, § 2; A.S.A. 1947, § 80-3702.

6-4-103. Copy furnished states upon approval.

Upon the approval of this compact by the requisite number of states, the Governor shall sign an engrossed copy of the compact, and sufficient copies shall be provided so that every state approving the compact shall have an engrossed copy.

History. Acts 1957, No. 51, § 3; A.S.A. 1947, § 80-3703.

6-4-104. Agent for out-of-state education.

  1. The Arkansas Higher Education Coordinating Board is designated the agent for the State of Arkansas for the purpose of entering into a program of out-of-state training and education for residents of Arkansas through the cooperation of the Board of Control for Southern Regional Education, which was created by interstate compact with Arkansas, a signatory pursuant to House Concurrent Resolution 13, approved March 2, 1949.
  2. The Division of Higher Education is hereby authorized to administer the program.

History. Acts 1957, No. 243, § 1; A.S.A. 1947, § 80-3704; Acts 1993, No. 1259, § 2; 1999, No. 1218, § 1; 2019, No. 910, § 1048.

A.C.R.C. Notes. The Board of Control for Southern Regional Education named in the compact is now the Southern Regional Education Board.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-4-105. Contracts for out-of-state education.

  1. As agent for the state, the Arkansas Higher Education Coordinating Board shall contract with the Board of Control for Southern Regional Education in order that the latter may act to secure admission of Arkansas residents as students in institutions of higher education operated by other states who are signatories of the compact.
  2. Contract authority shall include the placing of students for study in the fields for which the Board of Control for Southern Regional Education may maintain programs, including, but not limited to, veterinary medicine and dentistry.
    1. The Arkansas Higher Education Coordinating Board shall contract to pay the Board of Control for Southern Regional Education for Arkansas students accepted under this program.
    2. Provided, in no case will the contract price exceed the amount approved by the Board of Control for Southern Regional Education.

History. Acts 1957, No. 243, §§ 2, 3; A.S.A. 1947, §§ 80-3705, 80-3706; Acts 1993, No. 1259, § 3; 1999, No. 1218, § 2.

6-4-106. Application by students.

  1. Students seeking the subsidy to be paid for their benefit shall apply to the Division of Higher Education, giving necessary information.
  2. If the applicant is found to be a bona fide resident of Arkansas and if funds for this purpose are available, the division shall, without more, certify the applicant as qualified to participate under this program.

History. Acts 1957, No. 243, § 4; A.S.A. 1947, § 80-3707; Acts 1993, No. 1259, § 4; 1999, No. 1218, § 3; 2019, No. 910, § 1049.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

6-4-107. Disbursing agent.

  1. The Department of Higher Education shall be the disbursing agency for the State of Arkansas for the purpose of authorizing payment to the Board of Control for Southern Regional Education under this program.
  2. As the disbursing agent, the department may expend such sums as are specially appropriated for the operation and administration of this program without obligation to maintain the program should the special appropriation be unavailable.

History. Acts 1957, No. 243, § 5; A.S.A. 1947, § 80-3708; Acts 1993, No. 1259, § 5; 1999, No. 1218, § 4.

Subchapter 2 — Compact For Education

6-4-201 — 6-4-203. [Repealed.]

A.C.R.C. Notes. The amendment to § 6-4-202 by Acts 2013, No. 1287, § 1 was superseded by the repeal of § 6-4-202 by Acts 2013, No. 581, § 3. As amended by Acts 2013, No. 1287, § 1, subdivision (b)(2) of § 6-4-202 read:

“(2) One (1) member appointed by the Speaker of the House of Representatives and one (1) member appointed by the President Pro Tempore of the Senate, each of whom shall serve until the next regular biennial session of the General Assembly at which their successors shall be appointed in the same manner.”

Publisher's Notes. This subchapter, concerning the Compact for Education, was repealed by Acts 2013, No. 581, § 3. The subchapter was derived from the following sources:

6-4-201. Acts 1965 (2nd Ex. Sess.), No. 22, § 1; 1967, No. 40, §§ 1, 2; A.S.A. 1947, § 80-4501.

6-4-202. Acts 1965 (2nd Ex. Sess.), No. 22, § 2; 1967, No. 40, § 3; A.S.A. 1947, § 80-4502; Acts 1997, No. 250, § 13.

6-4-203. Acts 1965 (2nd Ex. Sess.), No. 22, § 3; 1967, No. 40, § 4; A.S.A. 1947, § 80-4503.

Subchapter 3 — Interstate Compact on Educational Opportunity for Military Children

6-4-301. Title.

This subchapter is known and may be cited as the “Interstate Compact on Educational Opportunity for Military Children”.

History. Acts 2013, No. 146, § 1.

6-4-302. Adoption of compact.

The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into with all other jurisdictions legally joining in this compact in the form substantially as follows:

Interstate Compact on Educational Opportunity for Military Children

ARTICLE I PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

  1. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.
  2. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
  3. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
  4. Facilitating the on-time graduation of children of military families.
  5. Providing for the adoption and enforcement of administrative rules implementing the provisions of this compact.
  6. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
  7. Promoting coordination between this compact and other compacts affecting military children.
  8. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

  1. “Active duty” means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
  2. “Children of military families” means: a school-aged child(ren), enrolled in Kindergarten through Twelfth (12th) grade, in the household of an active duty member.
  3. “Compact commissioner” means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact.
  4. “Deployment” means: the period one (1) month prior to the service members' departure from their home station on military orders though six (6) months after return to their home station.
  5. “Education(al) records” means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.
  6. “Extracurricular activities” means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
  7. “Interstate Commission on Educational Opportunity for Military Children” means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission.
  8. “Local education agency” means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions.
  9. “Member state” means: a state that has enacted this compact.
  10. “Military installation” means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
  11. “Non-member state” means: a state that has not enacted this compact.
  12. “Receiving state” means: the state to which a child of a military family is sent, brought, or caused to be sent or brought.
  13. “Rule” means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of rules promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or any successor law, and includes the amendment, repeal, or suspension of an existing rule.
  14. “Sending state” means: the state from which a child of a military family is sent, brought, or caused to be sent or brought.
  15. “State” means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory.
  16. “Student” means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade.
  17. “Transition” means: 1) the formal and physical process of transferring from school to school or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.
  18. “Uniformed service(s)” means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.
  19. “Veteran” means: a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.

ARTICLE III APPLICABILITY

  1. Except as otherwise provided in Section B, this compact shall apply to the children of:
    1. active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211;
    2. members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and
    3. members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.
  2. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.
  3. The provisions of this compact shall not apply to the children of:
    1. inactive members of the national guard and military reserves;
    2. members of the uniformed services now retired, except as provided in Section A;
    3. veterans of the uniformed services, except as provided in Section A; and
    4. other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV EDUCATIONAL RECORDS & ENROLLMENT

  1. Unofficial or “hand-carried” education records — In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible to the extent feasible.
  2. Official education records/transcripts — Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
  3. Immunizations — Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
  4. Kindergarten and First grade entrance age — Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V PLACEMENT & ATTENDANCE

  1. Course placement — When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered and there is space available, as determined by the school district. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).
  2. Educational program placement — The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state provided that the program exists in the school and there is space available, as determined by the school district. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
  3. Special education services.
  4. Placement flexibility — Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.
  5. Absence as related to deployment activities — A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq, the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and

2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

ARTICLE VI ELIGIBILITY

  1. Eligibility for enrollment
    1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
    2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
    3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent.
  2. Eligibility for extracurricular participation — State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII GRADUATION

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

  1. Waiver requirements — Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
  2. Exit exams — States shall accept: 1) Exit or end-of-course exams required for graduation from the sending state; or 2) National norm-referenced achievement tests; or 3) Alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of Article VII, Section C shall apply.
  3. Transfers during Senior year — Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article.

ARTICLE VIII STATE COORDINATION

  1. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education or his or her designee, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.
  2. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
  3. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.
  4. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

  1. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.
  2. Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner.
    1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
    2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
    3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.
    4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
  3. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.
  4. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
  5. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee.
  6. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
  7. Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
    1. Relate solely to the Interstate Commission's internal personnel practices and procedures;
    2. Disclose matters specifically exempted from disclosure by federal and state statute;
    3. Disclose trade secrets or commercial or financial information that is privileged or confidential;
    4. Involve accusing a person of a crime, or formally censuring a person;
    5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
    6. Disclose investigative records compiled for law enforcement purposes; or
    7. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.
  8. For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.
  9. The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules that shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
  10. The Interstate Commission shall create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

  1. To provide for dispute resolution among member states.
  2. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of rules promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or any successor law, and shall be binding in the compact states to the extent and in the manner provided in this compact.
  3. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.
  4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
  5. To establish and maintain offices that shall be located within one or more of the member states.
  6. To purchase and maintain insurance and bonds.
  7. To borrow, accept, hire or contract for services of personnel.
  8. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
  9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
  10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
  11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
  12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
  13. To establish a budget and make expenditures.
  14. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
  15. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
  16. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.
  17. To establish uniform standards for the reporting, collecting and exchanging of data.
  18. To maintain corporate books and records in accordance with the bylaws.
  19. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
  20. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

  1. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
    1. Establishing the fiscal year of the Interstate Commission;
    2. Establishing an executive committee, and such other committees as may be necessary;
    3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;
    4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
    5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;
    6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations.
    7. Providing “start up” rules for initial administration of the compact.
  2. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.
  3. Executive Committee, Officers and Personnel
    1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:
      1. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;
      2. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
      3. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.
    2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.
  4. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    1. The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
    3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

  1. Rulemaking Authority — The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
  2. Rulemaking Procedure — Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
  3. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.
  4. If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

  1. Oversight
    1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.
    2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission.
    3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules.
  2. Default, Technical Assistance, Suspension and Termination — If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:
    1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.
    2. Provide remedial training and specific technical assistance regarding the default.
    3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
    4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
    5. The state that has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
    6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
    7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
  3. Dispute Resolution
    1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and non-member states.
    2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION

  1. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
  2. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
  3. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
  4. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

  1. Any state is eligible to become a member state.
  2. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
  3. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI WITHDRAWAL AND DISSOLUTION

  1. Withdrawal
    1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.
    2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, and shall take effect upon the effective date of the repealing statute.
    3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
    4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of the repealing statute.
    5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
  2. Dissolution of Compact
    1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one (1) member state.
    2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII SEVERABILITY AND CONSTRUCTION

  1. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
  2. The provisions of this compact shall be liberally construed to effectuate its purposes.
  3. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS

  1. Other Laws
  2. Binding Effect of the Compact
    1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
    2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
    3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

History. Acts 2013, No. 146, § 1.

6-4-303. Compact Commissioner for Arkansas.

  1. Under the Interstate Compact on Educational Opportunity for Military Children established under this subchapter, the Compact Commissioner for Arkansas shall be the Commissioner of Elementary and Secondary Education or his or her designee.
  2. The Compact Commissioner for Arkansas is responsible for the administration and management of the state's participation in the compact adopted under this subchapter.
  3. The Compact Commissioner for Arkansas shall cooperate with all departments, agencies, and officers of and in government of this state as well as all school districts and political subdivisions of this state for the administration of this compact, supplementary agreements entered into by the state, or as further directed by law or by the Division of Elementary and Secondary Education or the State Board of Education.

History. Acts 2013, No. 146, § 1; 2019, No. 939, § 1.

Amendments. The 2019 amendment substituted “state's participation” for “state participation” in (b); in (c), substituted “compact, supplementary agreements” for “compact or supplementary agreements” and added “or as further directed by law or by the Department of Education or the State Board of Education”; and made a stylistic change.

6-4-304. Creation of the State Council.

  1. There is created the State Council for the Interstate Compact on Educational Opportunity for Military Children to be composed of the following members:
    1. The Commissioner of Elementary and Secondary Education or his or her designee, serving as Compact Commissioner for Arkansas as provided under § 6-4-303;
    2. The superintendent of the public school district with the greatest number of children of military families from each Arkansas congressional district as determined every four (4) years;
    3. One (1) member to be appointed by the President Pro Tempore of the Senate from a list of three (3) nominees submitted by the Executive Director of the Arkansas Education Association;
    4. One (1) member to be appointed by the Speaker of the House of Representatives from a list of three (3) nominees submitted by the Executive Director of the Arkansas Association of Educational Administrators;
      1. One (1) member selected from the state at large and appointed by the Governor subject to confirmation of the Senate.
      2. The Governor shall consult the Arkansas School Boards Association before making an appointment under subdivision (a)(5)(A) of this section;
    5. The charter school leader of the open-enrollment public charter school with the greatest number of children of military families;
      1. A representative from each federal and state military installation in Arkansas that employs uniformed service members as designated by each military installation commander.
      2. A representative from a federal military installation shall serve as a nonvoting, ex officio member;
    6. The Executive Director of the Arkansas Activities Association, serving as a nonvoting, ex officio member;
    7. The Chair of the Senate Committee on Education and the Chair of the House Committee on Education or designees from each of the committees, serving as nonvoting, ex officio members; and
    8. The United States Department of Defense representative for Arkansas shall have duties and responsibilities as established by United States Department of Defense Instruction Number 1342.29, and shall not be a member of the State Council.
    1. Each appointed member shall have a background or interest in the education of military children.
      1. The terms for the initial appointees to the council shall be staggered as determined by lot with:
        1. One (1) member serving a term of three (3) years;
        2. One (1) member serving a term of four (4) years; and
        3. One (1) member serving a term of five (5) years.
      2. Each succeeding appointment to the council shall be for a term of five (5) years, but the member appointed shall serve until the member's successor is appointed.
      1. If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official that made the appointment.
      2. The new appointee shall serve for the remainder of the unexpired term.
    1. The council shall meet at least quarterly or as decided upon by a majority of its members.
    2. Unless otherwise approved by the Commissioner of Elementary and Secondary Education, the State Council shall conduct its meetings in Central Arkansas and via teleconference or web conference to allow for scheduling flexibility for council members.
    1. A majority of the members of the council shall constitute a quorum for transacting business of the council.
    2. All actions of the council shall be by a quorum.
  2. The Commissioner of Elementary and Secondary Education or his or her designee serving as Compact Commissioner for Arkansas shall be the chair of the council and be a full-voting member.
  3. Appointments to the council shall be for a term of four (4) years.
  4. All state agencies, school districts, and political subdivisions of the state shall furnish to the council any information and assistance the council may reasonably request.

History. Acts 2013, No. 146, § 1; 2015, No. 1100, § 2; 2019, No. 939, §§ 2-4.

Amendments. The 2015 amendment rewrote (a)(5).

The 2019 amendment, in (a)(2), inserted “public” and substituted “number of children of military families from each Arkansas congressional district as determined every four (4) years” for “number of military children from a military installation”; substituted “number of children of military families” for “number of military children from a military installation; and” in (a)(6); rewrote (a)(7); added (a)(8) through (a)(10); and, in (c)(2), substituted “Unless otherwise approved by the Commissioner of Education, the State Council shall conduct” for “The council shall conduct”, substituted “in Central Arkansas and via” for “in Pulaski County or via”, deleted “as technology becomes available and as desired” following “conference”, and substituted “council members” for “its members”.

6-4-305. Duties of the State Council.

  1. Within thirty (30) days from the date the appointments are initially made, the members of the State Council for the Interstate Compact on Educational Opportunity for Military Children shall appoint a military family education liaison to assist military families and the state in facilitating the implementation of the Interstate Compact on Educational Opportunity for Military Children adopted under this subchapter.
  2. The council may promulgate rules for the administration of this subchapter and provide recommendations to the Division of Elementary and Secondary Education regarding the promulgation of rules applicable to the division and public school districts.
  3. Children of military families under this subchapter shall have equitable access to academic courses and programs and to extracurricular academic, athletic, and social programs.
    1. The State Council shall meet at least annually to hold a public forum in a military community to hear direct feedback from military families regarding the effectiveness of the compact in this state.
    2. Under this subchapter, parents and legal guardians of military families may request the opportunity to:
      1. Speak at the public forum under subdivision (d)(1) of this section; or
      2. Make an online presentation to the State Council during the public forum under subdivision (d)(1) of this section.
  4. The State Council may seek input from the Division of Elementary and Secondary Education regarding the outcome of a case that is brought to the State Council for resolution.
  5. The State Council shall provide annually a report to the Governor, the Senate Committee on Education, and the House Committee on Education that includes without limitation the following:
    1. Information regarding the achievements of the State Council and public school districts regarding the support provided to military families under this subchapter;
    2. Details of the reports regarding the compact in this state that are provided to the Military Interstate Children's Compact Council and actions taken by the Military Interstate Children's Compact Council that impact the state;
    3. Details of cases and the outcomes of the cases brought to the State Council for resolution, in compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as it existed on January 1, 2019, and state student privacy laws;
    4. Information regarding training that is provided to and completed by public school district personnel with respect to this subchapter;
    5. Details regarding plans for future engagement efforts with military families under this subchapter; and
    6. Any other information requested by parents and legal guardians of military families.

History. Acts 2013, No. 146, § 1; 2019, No. 939, §§ 5, 6.

Amendments. The 2019 amendment added “and provide recommendations to the Department of Education regarding the promulgation of rules applicable to the department and public school districts” in (b); and added (c) through (f).

6-4-306. Military family education liaison.

  1. The military family education liaison shall be an ex officio member of the State Council for the Interstate Compact on Educational Opportunity for Military Children.
  2. The military family education liaison shall have specialized knowledge related to the educational needs of military children and the obstacles that military children face in obtaining an education.
  3. The military family education liaison shall serve a term of four (4) years.

History. Acts 2013, No. 146, § 1.

6-4-307. Fees.

Under the compact established under this subchapter and using the definitions in the compact:

  1. The minimum fee for a member state is two thousand dollars ($2,000);
  2. The maximum fee for each member state is two dollars ($2.00) per student who is a child of an active duty military family; and
  3. The fees paid or owed shall not exceed the amount appropriated for the payment of fees under this compact for each fiscal year by the General Assembly.

History. Acts 2013, No. 146, § 1.

6-4-308. Immunity not affected.

  1. This subchapter shall not affect the immunity from suit granted to state officials and employees under § 19-10-305 or to the state and its official agencies under Arkansas Constitution, Article 5, § 20.
  2. The exercise of the powers and performance of duties provided for in this subchapter by the Compact Commissioner for Arkansas, the State Council for the Interstate Compact on Educational Opportunity for Military Children, and the military family education liaison for Arkansas and its officers, agents, and employees are declared to be public and governmental functions, exercised for a public purpose and matters of public necessity, conferring upon each authority governmental immunity from suit in tort.

History. Acts 2013, No. 146, § 1.

6-4-309. Children of military families — Student enrollment procedures — Military education coordinators.

  1. A public school with twenty (20) or more children of military families enrolled as students or a public school with a total of three thousand (3,000) or more students enrolled shall:
    1. Incorporate into the policies of the public school specific procedures that outline actions to take in support of students who are the children of military families who transition to and from the public school; and
      1. Designate each public school district a military education coordinator to serve as the primary point of contact for each child of a military family and his or her parent or legal guardian.
      2. The public school military education coordinator shall have specialized knowledge regarding the educational needs of children of military families and the obstacles that children of military families face in obtaining an education.
  2. The Division of Elementary and Secondary Education shall supply relevant resources for the orientation and training of public school military education coordinators under this section.

History. Acts 2019, No. 939, § 7.

Chapter 5 Miscellaneous Provisions Relating to Elementary, Secondary, and Higher Education

Subchapter 1 — Early Childhood Development Projects

6-5-101 — 6-5-104. [Repealed.]

Publisher's Notes. This subchapter, concerning early childhood development projects, was repealed by Acts 2017, No. 745, § 1. The subchapter was derived from the following sources:

6-5-101. Acts 1969, No. 388, § 1; A.S.A. 1947, § 80-3345.

6-5-102. Acts 1969, No. 388, § 2; A.S.A. 1947, § 80-3346.

6-5-103. Acts 1969, No. 388, § 3; A.S.A. 1947, § 80-3347.

6-5-104. Acts 1969, No. 388, § 3; A.S.A. 1947, § 80-3347.

Subchapter 2 — Hazing

Cross References. Fraternities, § 6-18-601 et seq.

6-5-201. Definition.

  1. As used in this subchapter, “hazing” means:
    1. A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other student and done for the purpose of intimidating the student attacked by threatening him or her with social or other ostracism or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results;
    2. The playing of abusive or truculent tricks on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another student to frighten or scare him or her;
    3. A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or
    4. A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution; or any assault upon any such student made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.
  2. The term “hazing” as defined in this section:
    1. Does not include customary athletic events or similar contests or competitions; and
    2. Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program.

History. Acts 1983, No. 75, § 2; A.S.A. 1947, § 80-5502; Acts 2011, No. 1160, § 1; 2015, No. 1187, § 1.

Amendments. The 2011 amendment added the (b)(1) and (b)(2) designations; and added “extracurricular activity, or sports program” in (b)(2).

The 2015 amendment substituted “A willful” for “Any willful” in (a)(1), (a)(3), and (a)(4); inserted “alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting” in (a)(1) through (a)(4); and substituted “when the conduct” for “which” preceding “is directed” in (a)(1).

Research References

ALR.

Tort Liability for Hazing or Initiation Rituals Associated with Schools, Colleges, or Universities. 100 A.L.R.6th 365 (2014).

6-5-202. Prohibitions.

  1. A student, alumnus, or volunteer or employee of a fraternal organization of a school, college, university, or other educational institution in Arkansas shall not knowingly engage in hazing or encourage, aid, or assist any other student, alumnus, or volunteer or employee of a fraternal organization in hazing.
    1. A person shall not knowingly permit, encourage, aid, or assist another person in committing the offense of hazing, or knowingly acquiesce in the commission of the offense of hazing, or fail to report promptly his or her knowledge or any reasonable information within his or her knowledge of the presence and practice of hazing in this state to an appropriate administrative official of the school, college, university, or other educational institution in Arkansas.
    2. An act of omission or commission is hazing under this subsection.
  2. A violation of this section is a Class B misdemeanor.
  3. In addition to any penalty provided by this section, a student convicted of hazing shall be expelled from the school, college, university, or other educational institution that he or she is attending.

History. Acts 1983, No. 75, §§ 1, 3; A.S.A. 1947, §§ 80-5501, 80-5503; Acts 2009, No. 376, § 1; 2015, No. 1187, § 2; 2015, No. 1264, § 1.

Amendments. The 2009 amendment rewrote (a), making only stylistic changes.

The 2015 amendment by No. 1187, in (a), inserted “alumnus, or volunteer or employee of a fraternal organization” twice and substituted “a school” for “any school”.

The 2015 amendment by No. 1264 inserted “knowingly” in (a); in (b)(1), substituted “A person shall not knowingly” for “No person shall knowingly”, “another person” for “any person”, “or knowingly” for “or willfully”, and “the offense of hazing” for “such offense”; rewrote (b)(2); and added (c) and (d).

Research References

ALR.

Tort Liability for Hazing or Initiation Rituals Associated with Schools, Colleges, or Universities. 100 A.L.R.6th 365 (2014).

6-5-203. [Repealed.]

Publisher's Notes. This section, concerning penalties, was repealed by Acts 2015, No. 1264, § 2. The section was derived from Acts 1983, No. 75, §§ 4, 5; A.S.A. 1947, §§ 80-5504, 80-5505.

6-5-204. Construction.

Nothing in this subchapter shall be construed as in any manner affecting or repealing any law of this state respecting any other criminal offense.

History. Acts 1983, No. 75, § 6; A.S.A. 1947, § 80-5506.

Research References

ALR.

Tort Liability for Hazing or Initiation Rituals Associated with Schools, Colleges, or Universities. 100 A.L.R.6th 365 (2014).

Subchapter 3 — Educational Excellence Trust Fund

Effective Dates. Acts 1991, No. 10, § 7: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the provision of quality education to the students of secondary schools and Arkansas institutions of higher education is essential to the preservation of the public welfare; that the provisions of this act are necessary in meeting this essential need of providing salary increases for those certified personnel positions on the effective date of this act; that a revision of state financial procedures is necessary to assure that the increased revenues to become available to the State in accordance with various tax increases enacted in this General Assembly are first made available to support the programs of educational opportunity improvement also enacted; and that delay past July 1, 1991 will cause a serious and critical delay in the initiation of the programs for improvement of the educational system of this state. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 1135, § 20: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the distribution of general revenues and the creation of the various funds and fund accounts are essential to be in force at the beginning of the state fiscal year and that in the event that the General Assembly extends beyond the sixty day limit, the effective date of this act would not begin at that time creating confusion and not permitting the agencies to implement those programs as approved by the General Assembly. Therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 830, § 8: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly meeting in Regular Session, that the provision of quality education to the students of secondary schools and Arkansas institutions of higher education is essential to the preservation of public welfare; that a continuation of state financial procedures relating to the Educational Excellence Trust Fund is necessary to assure that revenues are made available to support the programs of educational opportunity improvement; and that delay past July 1, 1993 will cause a serious and critical delay in the initiation of the programs for improvement of the educational system of this state. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 1172, § 8: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 171, § 6: Feb. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas, that the provisions of this Act are of critical importance to the stability of the educational programs funded from the Educational Excellence Trust Fund and the workforce development and training programs funded from the Workforce 2000 Development Fund, the same being an appropriate use of the state's resources. Therefore an emergency is declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 273, § 7: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1999, No. 1143, § 5: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that changes in fiscal laws for the 1999-01 Biennium have to take effect on July 1, 1999 and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1315, § 8: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the changes required by this act must take effect at the beginning of the state fiscal year and not to do so will disrupt the flow of funds for vocational education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 558, § 2: July 1, 2001. Emergency clause provided: “It is hereby found and determined by the General Assembly, that changes in fiscal laws for the 2001-03 Biennium have to take effect on July 1, 2001 and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2001 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2001.”

Acts 2001, No. 1456, § 9: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that educators are compensated on an annual basis beginning in July and ending in June. It is further determined that the change in compensation practices embodied in this act must take place in the same time frame as normal compensation practices or confusion among school districts and educators would ensue. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003, No. 1305, § 8: Jan. 1, 2004, by its own terms.

Acts 2016, No. 141, § 15: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2017, No. 179, § 13: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017.”

Acts 2019, No. 170, § 3: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there exists a shortage of licensed teachers in many areas of the state; that teacher salaries are a key factor in attracting individuals to the field of teaching; and that the provisions of this act should become effective at the beginning of the fiscal year to allow for implementation for the 2019-2020 school year. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-301. Creation — Funding.

    1. There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Educational Excellence Trust Fund”.
    2. For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation for this fund an amount based on the total net general revenues as enumerated in § 19-6-201(1) and (2), which were collected in the immediate past year, times a factor of 0.1414.
    1. On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth (1/12) of the annual allocation determined in subsection (a) of this section for transfer to the fund.
    2. The Treasurer of State shall make such transfer after making the deductions required from the net general revenues as set out in § 19-5-202(b)(2)(B)(i).

History. Acts 1991, No. 10, § 1; 1997, No. 171, § 1; 1999, No. 1315, § 1.

Cross References. Educational Excellence Trust Fund, § 19-5-942.

6-5-302. Allocation and transfer of funds.

From the moneys accruing to the Educational Excellence Trust Fund, the Treasurer of State on the last day of the month shall transfer to the various funds and fund accounts listed below, the amounts determined by applying each fund or fund account's proportionate part of the total of all such allocations set forth in this section to the amount available for distribution as determined in § 6-5-301:

FISCAL YEAR ENDING Fund or Fund Accounts June 30, 2002 June 30, 2003 & Thereafter Department of Education Public School Fund Account $161,935,727 $164,138,382 Department of Career Education Public School Fund Account 9,518,065 10,032,555 Department of Education Fund Account 762,901 804,138 Department of Career Education Fund Account 2,856,557 3,010,965 Higher Education Grants Fund Account 10,499,767 11,067,322 School for Math, Sciences, and Arts Fund 0 5,988,465 Institutions of Higher Education: Arkansas State University Fund 4,797,713 5,057,049 Arkansas Tech University Fund 1,608,226 1,695,157 Henderson State University Fund 1,663,634 1,753,560 Southern Arkansas University Fund 983,576 1,036,743 University of Arkansas Fund 11,905,301 12,548,830 University of Arkansas at Little Rock Fund 4,224,809 4,453,177 University of Arkansas Medical Center Fund 7,274,293 7,667,498 University of Arkansas Medical Center Fund - Indigent Care 181,013 190,797 University of Arkansas at Monticello Fund 848,858 894,742 University of Arkansas at Pine Bluff Fund 1,473,599 1,553,253 University of Central Arkansas Fund 3,661,359 3,859,270 Arkansas State University-Beebe Fund 1,144,646 1,206,518 East Arkansas Community College Fund 599,022 631,401 National Park College Fund 895,921 944,349 Arkansas Northeastern College Fund 573,810 604,827 North Arkansas College Fund 353,775 372,898 Northwest Arkansas Community College Fund 791,763 834,561 Phillips Community College of University of Arkansas Fund 583,366 614,899 University of Arkansas Community College at Rich Mountain Fund 158,120 166,667 SAU-Tech Fund 256,801 270,683 South Arkansas Community College Fund 409,688 431,833 University of Arkansas at Fort Smith Fund 2,437,691 2,569,458 TOTAL INSTITUTIONS OF HIGHER EDUCATION $46,826,984 $49,358,170

Click to view table.

History. Acts 1991, No. 10, § 2; 1991, No. 1135, § 17; 1993, No. 830, § 1; 1995, No. 1172, § 1; 1997, No. 273, § 1; 1999, No. 1143, § 1; 2001, No. 558, § 1; 2003, No. 1305, § 8; 2016, No. 141, § 5; 2017, No. 179, § 5.

Amendments. The 2016 amendment substituted “National Park College Fund” for “National Park Community College Fund”.

The 2017 amendment substituted “University of Arkansas Community College at Rich Mountain Fund” for “Rich Mountain Community College Fund” in the table.

Cross References. Nonrecurring salary payments, § 6-20-412.

6-5-303 — 6-5-306. [Repealed.]

Publisher's Notes. These sections, concerning use of funds for salary increases, distribution to Minimum Foundation Program Aid, legislative intent, supplemental funding for public education, exemption from expenditure requirements, and school districts not qualifying, were repealed by Acts 1995, No. 1194, § 30. The sections were derived from:

6-5-303. Acts 1991, No. 10, § 3; 1991, No. 878, § 20; 1993, No. 397, § 1; 1993, No. 830, § 2.

6-5-304. Acts 1991, No. 10, § 3.

6-5-305. Acts 1991, No. 1036, § 1; 1993, No. 1226, § 1.

6-5-306. Acts 1991, No. 401, § 13.

6-5-307. Classroom teacher salary requirement.

  1. Any increase in Educational Excellence Trust Fund funds allocated for teacher salaries shall be used by school districts to provide salary increases for current licensed personnel positions and for no other purpose, except that required Social Security and teacher retirement matching required to be paid by the school districts for licensed personnel positions may be paid from the funds.
  2. Educational Excellence Trust Fund funds allocated for teacher salaries shall be disbursed by the Division of Elementary and Secondary Education to a school district in accordance with the foundation funding amount under § 6-20-2305.
  3. In determining whether a school district has had an increase in Educational Excellence Trust Fund funds allocated for teacher salaries, any annual increase in the Educational Excellence Trust Fund funds must exceed the level of the prior fiscal year to be classified as an increase.
  4. “Salary increase”, as used in this section, includes increments for experience or advanced hours or degrees.
  5. The division may promulgate rules to administer this section.

History. Acts 1995, No. 1172, § 2; 1997, No. 1324, § 1; 2001, No. 1456, § 7; 2005, No. 2121, § 20; 2005, No. 2165, § 1; 2013, No. 1138, § 1; 2013, No. 1278, § 1; 2019, No. 170, § 1; 2019, No. 910, § 1050.

Amendments. The 2013 amendment by No. 1138, in (a), substituted “licensed” for “certified” twice and inserted “positions”.

The 2013 amendment by No. 1278 deleted “not” following “shall” in (d).

The 2019 amendment by No. 170 substituted “foundation funding amount” for “state foundation funding formula” in (b); in (c), substituted “the Educational Excellence Trust Fund” for “such trust”, and “prior fiscal year” for “highest year since 1991”; added (e); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-5-308. Legislative intent — Supplemental funding for public education.

It is the intent of this subchapter to supplement, not to supplant, funding for public education in this state. Nothing herein shall be construed to reduce that portion of general revenue or growth revenues which would otherwise accrue to the Public School Fund. The moneys provided by this subchapter are intended to be in addition to those anticipated to be provided to fund public education for the children of this state at the same historical proportionate levels.

History. Acts 1997, No. 1324, § 2.

Subchapter 4 — Higher Education Awareness Act of 1993

Effective Dates. Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-401. Title.

This subchapter shall be known as and may be cited as the “Higher Education Awareness Act of 1993”.

History. Acts 1993, No. 1256, § 1.

6-5-402. Legislative findings.

The General Assembly hereby finds and determines the following:

  1. That the skills required for jobs and careers in the future demand increasing knowledge and training, and the continued development of the Arkansas economy depends on more of our citizens obtaining postsecondary education;
  2. That the course choices made as early as the ninth grade can affect the education options available to a student after high school;
  3. That many eighth graders and their parents or guardians are unfamiliar with the courses required to enter our state's colleges and universities or the options offered by our state's technical colleges and are unaware of the financial requirements or financial assistance available for postsecondary opportunities; and
  4. That one (1) of the education goals of Arkansas and the nation is to increase the number of young people entering postsecondary education.

History. Acts 1993, No. 1256, § 2.

6-5-403. Scope of program.

  1. The Arkansas Higher Education Coordinating Board is hereby directed to work with Arkansas public institutions of higher education, and those private institutions of higher education that wish to participate, to annually provide updated or additional information for the information packages provided to seventh-grade students and their parents or guardians on the options of postsecondary education available in Arkansas, the courses required to attend colleges and universities, and the financial requirements and assistance available for students pursuing additional education after high school.
    1. Sessions to discuss postsecondary options shall be held during the spring semester at a reasonable time at each of the state's public schools housing a seventh-grade class.
    2. The sessions should be scheduled at a time convenient to the school and the cooperating institutions of higher education.
    3. The students in the seventh grade, the school counselors, and the students' parents, guardians, or persons in loco parentis shall meet together in conference for the purpose of defining the students' educational objectives for the future and developing a course of study for grades eight through twelve (8-12).
  2. At the request of the parents, guardians, or persons in loco parentis, the school will schedule an individual conference to evaluate the student's past academic performance, to define the student's educational objectives for the future, and to develop a course of study for the student in grades eight through twelve (8-12).
    1. The board, working in conjunction with state-supported institutions of higher education, private institutions of higher education that wish to participate, the Division of Elementary and Secondary Education, and the Division of Career and Technical Education annually shall compile information for Arkansas high school students on:
      1. Academic scholarships for freshmen entering institutions of higher education in the state; and
      2. State-funded programs that provide opportunities for developing technical job skills and apprenticeships.
      1. The Division of Elementary and Secondary Education shall provide the information annually to all public high school counselors in the state.
      2. Each public high school counselor annually shall provide the information received from the Division of Elementary and Secondary Education to students in the public high school where he or she is employed.

History. Acts 1993, No. 1256, § 3; 1999, No. 478, § 2; 2007, No. 474, § 1; 2019, No. 910, § 1051.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout (d); and substituted “Division of Career and Technical Education” for “Department of Career Education” in the introductory language of (d)(1).

6-5-404. Cooperation with program.

  1. The State Board of Education, the Division of Elementary and Secondary Education, and the public schools of Arkansas shall:
    1. Cooperate with the Arkansas Higher Education Coordinating Board, the Division of Higher Education, and the institutions of higher education in providing the information; and
    2. Assist as requested by the Arkansas Higher Education Coordinating Board.
  2. Individual schools shall make special efforts to ensure that as many students and parents or guardians as possible are made aware of the opportunity to receive information, are urged to attend the counseling sessions, and are in receipt of the information packages.
  3. Businesses and industries in Arkansas are hereby requested to provide the opportunity to their employees with children in the eighth grade in public schools in Arkansas to attend the counseling sessions and to cooperate with institutions of higher education in presenting at the work site small group and one-on-one counseling on courses that are required for postsecondary education and postsecondary options and financial requirements and assistance available for postsecondary education.

History. Acts 1993, No. 1256, § 3; 2009, No. 376, § 2; 2019, No. 910, §§ 1052, 1053.

Amendments. The 2009 amendment, in (a), redesignated the subsection, substituted “Arkansas Higher Education Coordinating Board” for “department” in (a)(2), and made related changes.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1).

6-5-405. [Repealed.]

Publisher's Notes. This section, concerning professional development for higher education awareness, was repealed by Acts 2013, No. 969, § 1. The section was derived from Acts 2009, No. 605, § 5; 2009, No. 606, § 5.

Subchapter 5 — Civil War Reenactments

Cross References. Concealing guns or drugs in school property, § 6-21-608.

Possession of handgun by minor or possession on school property, § 5-73-119.

6-5-501. Definitions.

As used in this subchapter:

  1. “Civil War” means the 1861-1865 American Civil War;
  2. “Civil War-era weapon” means an instrument used in offensive or defensive combat during the Civil War or a modern reproduction;
  3. “Civil War reenactor” means a member of an organized group acting out historical events from the Civil War and carrying an actual weapon from that era or a reproduction;
  4. “School official” means a public school district superintendent or principal, a private school superintendent or principal, a president, chancellor, or dean of a publicly supported institution of higher education, or a president or dean of a private institution of higher education; and
  5. “School property” means any building, bus, campus, ground, recreational area, athletic field, or other area or structure owned or in the charge of a public school district, a private school, a publicly supported institution of higher education, or a private institution of higher education.

History. Acts 1995, No. 130, § 1.

6-5-502. Weapons.

A person in this state who is a Civil War reenactor may carry a Civil War-era weapon on school property for educational purposes so long as a school official grants approval in advance and, if the weapon is a firearm, the firearm is unloaded.

History. Acts 1995, No. 130, § 2.

Subchapter 6 — Intervention and Prevention Grant Program for Arkansas School Children

6-5-601 — 6-5-608. [Repealed.]

Publisher's Notes. This subchapter, concerning intervention and prevention grant program for Arkansas school children, was repealed by Acts 2001, No. 537, § 1. The subchapter was derived from the following sources:

6-5-601. Acts 1995, No. 712, § 1.

6-5-602. Acts 1995, No. 712, § 1.

6-5-603. Acts 1995, No. 712, § 6.

6-5-604. Acts 1995, No. 712, § 7.

6-5-605. Acts 1995, No. 712, § 2.

6-5-606. Acts 1995, No. 712, § 3.

6-5-607. Acts 1995, No. 712, § 5.

6-5-608. Acts 1995, No. 712, § 8; 1997, No. 112, § 1.

Subchapter 7 — Arkansas Evaluation Center

6-5-701. Legislative findings.

The General Assembly finds:

  1. Effective evaluation serves to enhance quality in existing services and programs by:
    1. Ensuring accountability for funds and services used;
    2. Raising the bar for standards and expectations; and
    3. Increasing the use of data to inform program operation and decision making;
  2. The general focus of effective evaluation is on programs and services, but effective evaluation can be applied also to individuals, organizations, communities, and societies or cultures;
  3. In a state where resources are often scarce, effective and credible evaluation is the heart of a healthy system and is critical to ensure that necessary programs and services are delivered and ineffective programs and practices eliminated; and
  4. To help groups accomplish their objectives, empowerment evaluation and other collaborative forms of evaluation are particularly useful in collaborative endeavors that require complex systems and diverse groups.

History. Acts 2007, No. 1582, § 1.

6-5-702. The Arkansas Evaluation Center.

  1. There is established at the University of Arkansas at Pine Bluff the Arkansas Evaluation Center to build evaluation capacity in the State of Arkansas by:
    1. Assisting nonprofit corporations in their reporting processes to their boards, funding agencies, the government, and the public;
    2. Expanding the service of evaluation research to nonprofit corporations in the Arkansas Delta through the provision of data that helps to account for resources and through a service delivery designed to advance the quality of life in the Arkansas Delta;
    3. Assisting the General Assembly by evaluating the impact of potential and existing legislation; and
    4. Fulfilling a commitment to fiscal and philosophical accountability with the people of Arkansas by empowering the University of Arkansas at Pine Bluff to provide nationally recognized evaluation training.
  2. The center shall be housed at the University of Arkansas at Pine Bluff.

History. Acts 2007, No. 1582, § 1.

6-5-703. Duties of the Arkansas Evaluation Center.

  1. The Arkansas Evaluation Center shall:
    1. Contribute to the University of Arkansas at Pine Bluff by:
      1. Attracting students to existing courses;
      2. Providing new online and distance learning courses; and
      3. Serving as a catalyst to stimulate university faculty to conduct evaluation and research;
    2. Provide academic training that consists of a variety of modalities, including courses, virtual classrooms, practicums, workshops, and invited speakers;
    3. Assist the University of Arkansas at Pine Bluff in offering a series of evaluation-related courses, including qualitative or ethnographic approaches, statistics, research design, evaluation approaches and methods, and politics of evaluation, that will be provided primarily through the University of Arkansas at Pine Bluff's School of Education; and
    4. Assist the University of Arkansas at Pine Bluff in developing and implementing the Certificate Program in Effective Evaluation and the Masters Degree Program in Effective Evaluation.
  2. The center shall provide training on evaluation to a cadre of professionals interested in pursuing study in evaluation through course work, evaluation conference workshops, and invited lectures delivered by recognized experts.

History. Acts 2007, No. 1582, § 1.

Subchapter 8 — Health Care Student Summer Enrichment Program For Underrepresented Student Populations Act

Effective Dates. Acts 2017, No. 147, § 5: Feb. 7, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current law that generally applies to medical schools only references the University of Arkansas for Medical Sciences; that the establishment of additional medical schools in this state requires clarification that these laws apply to any medical schools in this state; and that this act is immediately necessary to ensure that the additional medical schools and their faculty can operate fully and efficiently to protect the well-being of Arkansans. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-801. Title.

This subchapter shall be known and may be cited as the “Health Care Student Summer Enrichment Program for Underrepresented Student Populations Act”.

History. Acts 2009, No. 709, § 1.

6-5-802. Intent — Findings.

  1. This subchapter is intended to ensure academic success and completion of medical, pharmacy, and nursing school by an increasing number of minority students.
  2. The General Assembly finds that:
    1. The healthcare workforce and its ability to deliver quality care for all, including racial and ethnic minorities, can be improved substantially by increasing the proportion of underrepresented United States racial and ethnic minorities among health professionals;
      1. Nationally, African-Americans, Native Americans, Mexican Americans, and mainland Puerto Ricans make up twenty-five percent (25%) of the United States population.
      2. However, racial and ethnic minority students make up less than eight percent (8%) of practicing physicians and less than five percent (5%) of medical, pharmacy, and nursing school faculties;
    2. Summer enrichment programs have proven to aid in the recruitment and retention of students and faculty in all colleges on the campus of the University of Arkansas for Medical Sciences;
    3. Statistics concerning practicing physicians are as follows:
      1. Practicing physicians in Arkansas, seven thousand eight hundred eighty-nine (7,889);
      2. Practicing African-American physicians in Arkansas, one hundred fifty (150) or one and nine-tenths percent (1.9%) of Arkansas practicing physicians;
      3. An Arkansas majority physician-to-patient ratio of one (1) majority physician to five hundred seventy (570) persons;
      4. An Arkansas minority physician-to-patient ratio of one (1) physician to three thousand one hundred twenty-five (3,125) persons;
      5. A national physician-to-patient ratio of one (1) physician to five hundred twenty (520) persons; and
      6. Most minority physicians practice in underserved areas; and
    4. It is necessary for the public health and welfare of Arkansas to create the Health Care Student Summer Enrichment Program for Underrepresented Student Populations Act.

History. Acts 2009, No. 709, § 1.

6-5-803. Arkansas Academic Physician Program.

  1. There is created within the Division of Higher Education the Arkansas Academic Physician Program.
  2. To ensure academic success and completion of medical, pharmacy, or nursing school, the program shall provide academic support for students preparing to matriculate at a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.
  3. The program shall offer tutoring, group study, test-taking strategies, and supplemental instruction to promote collegiality and enhance the student's ability to master the basic sciences and increase the applicant pool.
  4. The program aims to offer premedical, prepharmacy, and prenursing students in Arkansas from diverse backgrounds the opportunity to engage in a variety of clinical hands-on experiences.

History. Acts 2009, No. 709, § 1; 2017, No. 147, § 1; 2019, No. 910, § 1054.

Amendments. The 2017 amendment, in (b), substituted “a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education” for “the University of Arkansas for Medical Sciences”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-5-804. Health Care Student Summer Enrichment Program for Underrepresented Student Populations.

  1. There is created within the Division of Higher Education the Health Care Student Summer Enrichment Program for Underrepresented Student Populations.
  2. The program is an intensive six-week program targeting undergraduate students designed to:
    1. Increase awareness among racial and ethnic minority undergraduate students of:
      1. Common medical problems in underserved communities; and
      2. Career opportunities in fields of medicine;
    2. Provide participants with a meaningful experience in health-related fields; and
    3. Stimulate the interest of racial and ethnic minority undergraduate students in careers in science, medicine, and biomedical research.
  3. The program shall be designed to encourage participation by students of diverse backgrounds.

History. Acts 2009, No. 709, § 1; 2019, No. 910, § 1055.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

Subchapter 9 — The Positive Youth Development Grant Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-901. Legislative intent — Findings.

  1. It is the intent of the General Assembly to expand the availability of positive youth development programs that incorporate the standards and recommendations of the Governor's Task Force on Best Practices for After-School and Summer Programs, including without limitation:
    1. School-based and school-linked afterschool and summer programs;
    2. 21st Century Community Learning Centers;
    3. Boys and Girls Clubs of America;
    4. Young Men's Christian Associations;
    5. 4-H clubs; and
    6. School-age care programs.
  2. The General Assembly finds that:
    1. Positive youth development programs:
      1. Support working families by ensuring their children and youth are safe and productive during out-of-school time;
      2. Build strong communities by involving students, parents, business leaders, and adult volunteers in the lives of young people in positive and productive activities, including tutoring, games, and activities designed to improve math and literacy skills;
      3. May include community-based service and other experiences that offer rich and varied academic support and build workforce skills critical to employment and future economic success; and
      4. Provide safe, challenging, engaging, and supervised learning experiences that help children and youth develop their educational, social, emotional, and physical skills where the assets and strengths of youth are emphasized rather than problems or deficits; and
    2. Students participating in positive youth development programs:
      1. Have higher daily school attendance;
      2. Report higher aspirations toward finishing school and going to college;
      3. Have fewer discipline problems;
      4. Show significant gains in standardized test scores;
      5. Are more likely to have a positive view of themselves and their hope for the future;
      6. Cultivate positive bonds with people and institutions that are reflected in their exchange with peers, family, school, and community; and
      7. Are far less likely to use drugs and alcohol, have contact with police and the juvenile court system, or engage in sexual activity and other harmful or risky behaviors.

History. Acts 2011, No. 166, § 1.

6-5-902. Definitions.

As used in this subchapter:

  1. “Grant” means a Positive Youth Development Grant;
  2. “Positive youth development program” means a developmentally appropriate learning experience that helps children and youth five through nineteen (5-19) years of age develop educational, social, emotional, and physical skills during out-of-school time; and
  3. “Program” means a positive youth development program that is license-exempt or approved by the Division of Elementary and Secondary Education as complying with the Out-of-School Time Licensing Standards as adopted by the Division of Child Care and Early Childhood Education.

History. Acts 2011, No. 166, § 1; 2019, No. 910, § 1056.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3).

6-5-903. Establishment — Participation.

    1. The Division of Elementary and Secondary Education shall establish the Positive Youth Development Grant Program to assist in the establishment and funding of positive youth development programs for children and youth five through nineteen (5-19) years of age once funding is available.
    2. The Division of Elementary and Secondary Education, with the advice and assistance of the Division of Child Care and Early Childhood Education, shall develop rules necessary for the implementation of this subchapter.
  1. Participation in a positive youth development program shall be voluntary for:
    1. Public school districts; and
    2. Parents or guardians of children and youth five through nineteen (5-19) years of age.

History. Acts 2011, No. 166, § 1; 2019, No. 910, § 1057.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (a)(2).

6-5-904. Applications process — Allocation of funding.

    1. A public school district, licensed youth development program, license-exempt youth development program, or an applicant that partners with a public school district, licensed youth development program, or license-exempt youth development program may apply for a Positive Youth Development Grant.
    2. A program is not required to be affiliated with a school district to be eligible to receive funding under this section.
  1. Each applicant for a positive youth development grant shall:
    1. Complete and submit the appropriate application developed by the Division of Elementary and Secondary Education in collaboration with the Division of Child Care and Early Childhood Education;
    2. Submit documentation of strong community engagement and collaboration between schools, public institutions, private agencies, business, and faith-based and other community-based organizations working together to utilize the unique skills and resources to create a community learning environment; and
      1. Provide matching funds in the ratio of twenty to eighty (20:80), unless the applicant is granted a waiver by the Division of Child Care and Early Childhood Education.
      2. The Division of Child Care and Early Childhood Education may waive the required matching funds if:
        1. The applicant operates or will operate the program within the geographic boundaries of a public school district that contains at least one (1) school identified as targeted or comprehensive by the Division of Elementary and Secondary Education; and
        2. The Division of Child Care and Early Childhood Education determines that the applicant is unable to provide the matching funds, after exhausting all potential funding sources.
      3. The matching funds may consist of cash or appropriate in-kind services.
  2. Preference shall be given to applications that:
    1. Are developed collaboratively by public and nonpublic schools and private community based programs;
    2. Contain accountability systems and measurable outcomes under guidelines developed by the Division of Elementary and Secondary Education in consultation with the Division of Child Care and Early Childhood Education;
    3. Detail funds received from all public sources for existing programs, the types of existing programs, and the types of students served by existing programs; and
    4. Increase comprehensive positive youth development programs during the school year and summer.
    1. If the number of qualified applicants exceed the amount of available funding, the Division of Elementary and Secondary Education, after consultation with the Arkansas Early Childhood Commission, shall determine funding distribution.
    2. If there is a funding shortage, priority consideration shall be given to programs in communities where:
      1. A public school district has fifty percent (50%) or more students eligible for free and reduced lunches; and
      2. A public school district has been identified to receive Level 5 — Intensive support from the Division of Elementary and Secondary Education.
    1. Grants shall be three-year awards to be distributed annually, as determined by the Division of Child Care and Early Childhood Education.
    2. Grants may be renewable for positive youth development programs that meet adequate performance levels as developed by the Division of Elementary and Secondary Education.
    3. Grants are subject to the availability of funds each fiscal year.
  3. Grant funds may be used for:
    1. Services that include children and youth with disabilities in programs that also serve nondisabled children and youth;
    2. Services that include children and youth where English is a second language;
    3. Technical assistance and planning to assist communities seeking to establish quality youth development programs by building community collaboration and partnerships; and
    4. A variety of activities including without limitation:
      1. Academic supports and skill-building activities that link program content to the frameworks promulgated by the Division of Elementary and Secondary Education;
      2. Activities that improve the health and wellness of children and youth, including physical activities, nutrition and health education, and safety;
      3. Art, theater, and music programs developed in collaboration with local arts or cultural programs;
      4. Activities that address cultural diversity and inclusion;
      5. Service learning or community service experiences;
      6. Workforce development activities that link academic curriculum to actual work experiences;
      7. Leadership development, mentoring, and other services to disconnected youth;
      8. Enrichment activities not otherwise provided during the school day; and
      9. Family and community engagement.

History. Acts 2011, No. 166, § 1; 2017, No. 936, §§ 1, 2; 2019, No. 910, §§ 1058, 1059.

Amendments. The 2017 amendment substituted “identified as targeted or comprehensive” for “in school improvement, as designated” in (b)(3)(B)(i); and substituted “identified to receive Level 5 – Intensive support from the department” for “designated by the department as being in school improvement” in (d)(2)(B).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1) and (b)(3)(B)(i); substituted “Division of Child Care and Early Childhood Education” for “division” in (b)(3)(A), the introductory language of (b)(3)(B), (b)(3)(B)(ii), (c)(2), and (e)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (c)(2), (d)(1), (d)(2)(B), (e)(2), and (f)(4)(A).

6-5-905. Criteria for need-based funding.

  1. Children and youth five (5) through nineteen (19) years of age who are members of a family with a gross family income not exceeding two hundred percent (200%) of the federal poverty guidelines are eligible to attend a positive youth development program without cost if there is:
    1. A positive youth development program available in the community where the child resides; and
    2. Available space for the child to attend the program.
  2. The Division of Elementary and Secondary Education and the Division of Child Care and Early Childhood Education may develop a fee schedule and establish eligibility based on family income for children and youth five through nineteen (5-19) years of age who are not eligible under subsection (a) of this section.
  3. The Division of Elementary and Secondary Education and the Division of Child Care and Early Childhood Education shall review criteria for identifying and targeting the areas of the state with the greatest need for programs.
  4. The State Board of Education, with the advice and assistance of the Division of Child Care and Early Childhood Education, shall adopt the appropriate criteria for identifying children and youth five through nineteen (5-19) years of age with the greatest need to participate in programs funded by the grant.

History. Acts 2011, No. 166, § 1; 2019, No. 910, § 1060.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); substituted “Division of Elementary and Secondary Education” for “department” in (c); and substituted “Division of Child Care and Early Childhood Education” for “division” in (c) and (d).

6-5-906. Evaluation.

  1. The Division of Child Care and Early Childhood Education shall be responsible for evaluating the impacts of the Positive Youth Development Grant Program.
    1. The division shall provide grant recipients with technical assistance, evaluation, program monitoring, and professional development.
    2. The division may retain up to four percent (4%) of the amount appropriated for the Positive Youth Development Grant Program for this purpose.
    1. Program evaluation and outcome measures shall be incorporated into the application and award procedure rules adopted by the division.
    2. Outcome measures shall include without limitation:
      1. Student achievement and academic skills;
      2. School engagement;
      3. Social, emotional, and behavioral development;
      4. Health and wellness; and
      5. Reduced contact with the judicial system.
  2. A minimum of one (1) time each year, the division shall report its findings and recommendations concerning the Positive Youth Development Grant Program and technical assistance provided to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the House Committee on Education, and the Senate Committee on Education.

History. Acts 2011, No. 166, § 1.

Subchapter 10 — College and Career Readiness Standards for Career and Technical Education Programs

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-1001. Findings.

The General Assembly finds that:

  1. Many Arkansas high school students are unprepared for the academic rigor of college or to enter the career world of work upon graduation from high school;
  2. A student who is academically prepared for college or to enter the career world upon graduation from high school is more likely to have greater economic success in his or her lifetime;
  3. Rigorous college and career readiness program standards that define what a student is expected to know and be able to do to achieve success in college or a career are consistent with the goals of Arkansas educational agencies and are critical to Arkansas's economy; and
    1. Innovative and creative instructional approaches that enable teachers to integrate academic, career, and technical instruction are necessary to ensure effectiveness.
    2. A career and technical education program of study shall provide sustained, intensive, and focused professional development opportunities that ensure that teachers have the necessary content knowledge to align and integrate curriculum and instruction.

History. Acts 2011, No. 743, § 1.

6-5-1002. Career and technical education program of study — Definition.

  1. As used in this subchapter, “career and technical education program of study” means a planned program of courses and learning experiences that:
    1. Begins with the exploration of career options;
    2. Supports basic academic and life skills; and
    3. Enables achievement of:
      1. High academic standards;
      2. Leadership;
      3. High-skill, high-wage employment preparation; and
      4. Advanced continuing education.
    1. A rigorous career and technical education program of study that links secondary education and postsecondary education and combines academic and technical education in a structured sequence of courses that progresses from broad foundation skills to occupationally specific courses shall be made available.
    2. Postsecondary credits for career and technical education program of study courses that lead to a postsecondary credential, certificate, or degree may be awarded.

History. Acts 2011, No. 743, § 1; 2015, No. 1279, § 1.

Amendments. The 2015 amendment, in (b)(1), deleted “All public school students shall be provided” at the beginning, and added “shall be made available”; and, in (b)(2), deleted “A student may earn” at the beginning, and added “may be awarded”.

6-5-1003. College and career readiness standards.

    1. The Division of Career and Technical Education shall work in collaboration with the Division of Elementary and Secondary Education and the Division of Higher Education to develop college and career readiness standards for career and technical education courses.
    2. College and career readiness standards shall address the importance of rigorous academic standards and the role rigorous academic standards have in higher education.
  1. The college and career readiness standards for career and technical education courses shall incorporate current frameworks that promote sustainability of career and technical education programs of study that include:
    1. Legislation, local resources, and administrative policies that promote career and technical education development and implementation within a school district;
    2. Partnerships with educators, businesses, and other community stakeholders that support career and technical education design, implementation, and maintenance;
    3. Professional development opportunities for administrators and teachers who foster career and technical education, including design, implementation, and maintenance;
    4. Accountability and evaluation systems and strategies that gather quantitative and qualitative data on both career and technical education components and student outcomes to determine the effectiveness of each program of study;
    5. Clear content standards that:
      1. Define what a student is expected to know and what the student should be able to do to achieve success in college or in a career; and
      2. Align and integrate curriculum and instruction;
      1. Sequences of secondary and postsecondary career and technical education courses that help students transition to postsecondary education without requiring duplicate classes or remedial education.
      2. The Division of Career and Technical Education, in collaboration with the Division of Elementary and Secondary Education and the Division of Higher Education, shall establish a common course numbering system that incorporates career and technical education courses at both the secondary and postsecondary level;
    6. Formal credit transfer agreements between secondary schools and postsecondary institutions of higher education;
    7. Comprehensive guidance counseling and academic advisory systems developed by the Division of Career and Technical Education in collaboration with the Division of Elementary and Secondary Education and the Division of Higher Education that:
      1. Enable students to make informed decisions about which program of study to pursue;
      2. Are based on state or local guidance and counseling standards, for example, the National Career Development Guidelines;
      3. Ensure that guidance counselors and academic advisors have current information about career and technical education programs of study;
      4. Offer information and tools to help students learn about postsecondary education and career options, including prerequisites that may be required;
      5. Provide resources for students to identify career interests and aptitudes and to select an appropriate career and technical education program of study based on the results;
      6. Provide information for parents, including workshops on college financial aid and applications, preparing students for college and college applications, and preparing students for careers; and
      7. Provide web-based resources and tools for obtaining student financial assistance;
    8. Innovative and creative instructional approaches that enable teachers to integrate academic, career, and technical instruction; and
    9. Valid and reliable technical skills assessments.

History. Acts 2011, No. 743, § 1; 2015, No. 1279, §§ 2-4; 2017, No. 554, § 1; 2019, No. 910, §§ 1061-1063.

Amendments. The 2015 amendment, in (b)(3), deleted “Sustained, intensive, and focused” at the beginning and deleted “and faculty” after “teachers”; substituted “in collaboration with the Department of Education and the Department of Higher Education, shall establish” for “shall work with the Department of Education and the Department of Higher Education to establish” in (b)(6)(B); and inserted “developed by the Department of Career Education in collaboration with the Department of Education and the Department of Higher Education” in the introductory language of (b)(8).

The 2017 amendment deleted “program” following “readiness” in the section heading and throughout the section; deleted “program of study” following “technical education” throughout the section; in the introductory language of (b), substituted “current frameworks that” for “consistent framework to” and substituted “that include” for “including”; in (b)(4), added “of study”; and deleted “that provide ongoing information on whether or not a student is attaining the necessary knowledge and skills for entry into postsecondary education or a career in his or her selected career and technical education program of study” from the end of (b)(10).

The 2019 amendment, in (a)(1), (b)(6)(B), and (b)(8), substituted “Division of Career and Technical Education” for “Department of Career Education”, “Division of Elementary and Secondary Education” for “Department of Education”, and “Division of Higher Education” for “Department of Higher Education”.

6-5-1004. Technical skills assessments.

  1. The Division of Career and Technical Education shall recognize valid and reliable technical skills assessments that provide evaluation of students' knowledge and skills necessary for entry into postsecondary education or a career in a selected program of study.
  2. The technical skills assessment shall:
      1. Be a third-party, industry-recognized assessment approved by the division that is based on current industry standards.
        1. The division shall provide a current list of approved third-party, industry-recognized assessments.
        2. The third-party, industry-recognized assessments shall be reviewed and approved by the division using a process developed by the division;
    1. Measure student attainment of technical skill proficiencies during a student's career and technical education program of study;
      1. Incorporate performance-based assessment measures that demonstrate the application of knowledge and skills, to the extent possible.
      2. A student who successfully completes a technical skills assessment may receive secondary credit, postsecondary credit, and special designation on the student's high school diploma; and
      1. Be used as a tool to evaluate the quality of career and technical education programs of study in secondary schools.
      2. The division shall provide technical assistance on career and technical education to secondary administrators and teachers.

History. Acts 2011, No. 743, § 1; 2017, No. 554, § 1; 2019, No. 910, §§ 1064-1066.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (a); and substituted “division” for “department” throughout (b)(1) and in (b)(4)(B).

Subchapter 11 — Council on Postsecondary Education and Career Readiness

Effective Dates. Identical Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-1101. Legislative intent.

The General Assembly finds that:

  1. Public schools should help all students:
    1. Have the reading, writing, and mathematics skills needed to succeed in all first-year coursework in associate and baccalaureate degree programs in non-mathematics-based majors; and
    2. Be ready for as many career options as possible by having a base level of employability; and
  2. The development of college and career readiness standards should be undertaken as an integrative process among:
    1. The General Assembly;
    2. State agencies that regulate and support the public educational systems of the state;
    3. Kindergarten, elementary, secondary, and postsecondary educational institutions; and
    4. The public.

History. Acts 2013, No. 585, § 1.

6-5-1102. Council on Postsecondary Education and Career Readiness established — Membership — Meetings.

  1. This subchapter establishes the Council on Postsecondary Education and Career Readiness to facilitate the collaboration of kindergarten, elementary, secondary, and postsecondary educational institutions in Arkansas in developing college and career readiness standards that align school curriculum and graduation standards with postsecondary education requirements and business community expectations for employability.
  2. The council shall consist of eleven (11) members as follows:
    1. The Commissioner of Elementary and Secondary Education or his or her designee;
    2. The Director of the Division of Higher Education or his or her designee;
    3. The Director of the Division of Career and Technical Education or his or her designee;
    4. The Director of the Arkansas Economic Development Commission or his or her designee;
    5. The Director of the Division of Workforce Services or his or her designee;
    6. A president or chancellor of an Arkansas four-year institution of higher education or his or her designee, appointed annually by the Director of the Division of Higher Education;
    7. The Executive Director of the Arkansas Association of Educational Administrators or his or her designee;
    8. The Executive Director of Arkansas Community Colleges or his or her designee;
    9. The Executive Director of the Arkansas Education Association or his or her designee;
    10. The Executive Director of the Arkansas School Boards Association or his or her designee; and
    11. The President of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas or his or her designee.
    1. The Commissioner of Elementary and Secondary Education or his or her designee shall call the first meeting of the council and serve as chair for the first meeting.
    2. The first meeting shall occur within thirty (30) days of the effective date of this subchapter.
  3. At the first meeting of the council and annually thereafter, the voting members of the council shall elect one (1) member to serve as chair for one (1) year.
    1. All members are voting members except the chair, who may vote only to break a tie vote.
    2. A majority of the members shall constitute a quorum for the transaction of business.
  4. The council shall meet at least three (3) times in a calendar year.
  5. The Department of Education shall provide meeting space and staff for the council.
  6. Council members shall serve without pay and shall not receive expense reimbursement except from the agency or institution employing the member.

History. Acts 2013, No. 585, § 1; 2015 (1st Ex. Sess.), No. 7, § 67; 2015 (1st Ex. Sess.), No. 8, § 67; 2019, No. 910, §§ 135, 1067-1069.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “eleven (11)” for “twelve (12)” in the introductory language of (b); inserted “Executive” in (b)(4); and deleted former (b)(5) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(1) and (c)(1); substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2) and (b)(6); substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(3); deleted “Executive” preceding “Director” in (b)(4); substituted “Division of Workforce Services” for “Department of Workforce Services” in (b)(5); and deleted “Department of Higher Education, and Department of Career Education, alternating each year” following “Department of Education” in (g).

6-5-1103. Powers and duties.

  1. The Council on Postsecondary Education and Career Readiness shall:
    1. Develop a unified strategy to:
      1. Reduce remediation rates among high school graduates entering postsecondary education by at least fifty percent (50%) by the year 2020; and
      2. Increase postsecondary graduation and completion rates;
      1. Support college and career readiness standards that:
        1. Require higher performance levels than those currently required for high school graduation; and
        2. Promote accelerated learning opportunities, including without limitation Advanced Placement courses, concurrent credit opportunities, and other accelerated opportunities with college or vocational-technical school assistance to ensure that all students have the skills to be successful in either employment or postsecondary education.
      2. College and career readiness standards shall be implemented with the understanding that until July 1, 2022, interim high school graduation standards may be used until the high school graduation standards adopted by the State Board of Education are equal to the college and career readiness standards;
    2. Develop a successful transition-to-work matrix that schools and students may use to help students develop employment skills;
    3. Develop guidelines for secondary school intervention programs and transitional courses;
    4. Develop guidelines for professional development for teachers of transitional courses and opportunities for collaboration among high school, vocational-technical school, and college faculty to ensure that transitional courses target gaps in students' college and career readiness skills; and
    5. Provide the reports required under this subchapter.
    1. The council shall establish working groups of its members, or staff of the agencies or institutions employing the members, to direct the planning process and strategic implementation of its plans.
    2. The working groups shall:
      1. Develop goals and action plans;
      2. Identify resources; and
      3. Determine expected outcomes to measure for each strategy promoting college and career readiness and postsecondary completion.

History. Acts 2013, No. 585, § 1.

6-5-1104. Reporting requirements.

  1. By June 30, 2014, the Council on Postsecondary Education and Career Readiness shall:
    1. Develop a written plan to reduce remediation rates and increase postsecondary graduation rates, including without limitation:
      1. Annual goals;
      2. Action strategies;
      3. Assigned responsibilities for implementing strategies;
      4. Timelines; and
      5. Reporting mechanisms;
    2. Provide the written plan to:
      1. The House Committee on Education and the Senate Committee on Education;
      2. The board of directors of each school district and open-enrollment charter school in this state; and
      3. The governing board of each state-supported institution of higher education in this state; and
    3. Encourage each school district board of directors and the governing board of each state-supported institution of higher education in the state to participate in the council's plan and to work collaboratively to reduce the remediation rates and further postsecondary graduation and completion rates.
  2. By June 30, 2015, and annually thereafter, the council shall report to the House Committee on Education and the Senate Committee on Education:
    1. The progress of the council's work for the year; and
    2. Its recommendations, which may include without limitation proposals for legislative action.

History. Acts 2013, No. 585, § 1.

Subchapter 12 — Advanced Placement Training and Incentive Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-1201. Established.

There is established the Advanced Placement Training and Incentive Program.

History. Acts 2013, No. 625, § 1.

6-5-1202. Purpose of the Advanced Placement Training and Incentive Program — Grant funding.

  1. The purpose of the Advanced Placement Training and Incentive Program is to:
    1. Prepare more students for:
      1. Success in higher education;
      2. Postsecondary training; and
      3. Careers in science, technology, engineering, and mathematics;
    2. Increase the number of students who graduate from institutions of higher education; and
    3. Support and enhance Advanced Placement initiatives already operating in the state.
    1. The Division of Elementary and Secondary Education shall provide grant funding to organizations that implement measures to achieve the goals of the Advanced Placement Training and Incentive Program.
    2. An organization that receives grant funding to implement the Advanced Placement Training and Incentive Program under this subchapter shall:
      1. Be affiliated with the National Math and Science Initiative; and
      2. Have demonstrated success with an Advanced Placement Training and Incentive Program.
    3. An organization that receives grant funding to provide the Advanced Placement Training and Incentive Program may:
      1. Develop public-private partnerships to advance math and science learning opportunities;
      2. Generate revenue from public or private sector entities to support other opportunities; or
      3. Accept grants, donations, gifts, or bequests.
  2. Grant funding provided by the division to an organization under this subchapter shall be used to:
    1. Support and enhance the Advanced Placement Training and Incentive Program;
    2. Pay for personal services and operating expenses required to carry out the Advanced Placement Training and Incentive Program; and
    3. Pay for technology, materials, and other resources used in the Advanced Placement Training and Incentive Program.

History. Acts 2013, No. 625, § 1; Acts 2019, No. 910, §§ 1070, 1071.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1); and substituted “division” for “department” in (c).

6-5-1203. Components and goals of the Advanced Placement Training and Incentive Program.

  1. The Advanced Placement Training and Incentive Program shall:
    1. Provide advanced placement content directors to work, mentor, and provide resources to advanced placement and pre-advanced placement teachers in the areas of:
      1. Mathematics;
      2. Science; and
      3. English;
    2. Provide nationally recognized professional development for advanced placement and pre-advanced placement teachers that will enhance the knowledge and pedagogical skills of the teachers; and
    3. Develop and provide materials and resources for advanced placement and pre-advanced placement teachers.
  2. The overall goal of the Advanced Placement Training and Incentive Program is to:
    1. Increase the number of students enrolled in Advanced Placement mathematics, science, and English;
    2. Increase the number of students who score three (3) or more on Advanced Placement exams;
    3. Reduce the participation gaps and performance gaps in Advanced Placement classes between African-American, Hispanic, and Caucasian students;
    4. Help public high schools develop strong and successful Advanced Placement programs;
    5. Enhance and augment Advanced Placement policies and initiatives in Arkansas;
    6. Provide Advanced Placement Training and Incentive Programs in every public high school that elects to participate and strengthen its Advanced Placement program; and
    7. Increase the number of students prepared to enter science, technology, engineering, and mathematics fields in higher education or related training and occupations.

History. Acts 2013, No. 625, § 1.

6-5-1204. Participation in the Advanced Placement Training and Incentive Program.

  1. An organization that receives grant funding to provide the Advanced Placement Training and Incentive Program shall publish a list of program fees on or before June 1 each year.
  2. A public high school is eligible to participate in the Advanced Placement Training and Incentive Program.
    1. A public high school that chooses to participate in the Advanced Placement Training and Incentive Program shall pay a participation and service fee determined by the organization.
    2. A public high school may choose either to participate fully in the Advanced Placement Training and Incentive Program or to participate on a limited basis, in which case the public high school shall pay a fee for each service the public high school elects to use.

History. Acts 2013, No. 625, § 1.

Chapters 6-9

[Reserved.]

Subtitle 2. Elementary and Secondary Education Generally

Chapter 10 General Provisions

Preambles. Acts 1959, No. 61 contained a preamble which read:

“Whereas, there have been many disastrous and costly school fires which have occurred with startling frequency throughout the United States in recent years that have cost the lives of numerous school children, and

“Whereas, a number of school districts in this State have established Junior Fire Marshal Programs for the purpose of education and training in fire prevention and methods of evacuation in case of fire emergencies, and

“Whereas, the recent school fire in Chicago, Illinois, which claimed the lives of ninety (90) school children, demonstrates the compelling need for constant training and preparation for the prevention of fires and of methods of coping with fire emergencies, and

“Whereas, it is believed that an immediate program should be established in the public schools of this State for fire prevention training,

“Now, therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1959, No. 61, § 4: Feb. 20, 1959. Emergency clause provided: “The General Assembly does hereby determine that the constant threat of disastrous school fires poses a menace to the lives and safety of thousands of school children of this State; that many schools of this State are operating school facilities that pose a constant fire hazard; that immediate action is necessary to detect and correct such fire hazards; that constant patrolling of school facilities is necessary to reduce fire hazards and to detect fires that have commenced; and, that only by the immediate passage of this Act may said situation be corrected. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 655, § 43: became law without Governor's signature on May 29, 1969. Emergency clause provided: “It is hereby found and determined that the Sixty-seventh General Assembly has, by a vote of two-thirds of the members elected to both Houses, voted to extend the regular session of the Sixty-seventh General Assembly, as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1969, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriations made herein may be available on July 1, 1969, the General Assembly hereby determines that the immediate passage of this Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1969.”

Acts 1989, No. 461, § 4: Mar. 10, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly that due to an outbreak of influenza several school districts may need the benefit of the provisions of this Act in the 1988-89 school year. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1226, § 8: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2001, No. 1036, § 5: Mar. 22, 2001. Emergency clause provided: “It is found and determined by the General Assembly that Act 1078 of 1999 created confusion regarding the powers and duties of county boards of education; and the confusion has made it difficult for existing county boards of education to provide essential services to public schools in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 1527, § 2: Apr. 5, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some school districts are underperforming in the area of direct service Medicaid billing; that the revenue derived from payment for Medicaid services provided in the schools enables school districts to continue to provide such services in an effective and timely manner; and that this act is immediately necessary because any delay in the effective date of this act would work irreparable harm on the proper administration and provision of Medicaid services to Arkansas school children, thus endangering the learning opportunities for children in need of such services. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2190, § 1: July 1, 2006, by its own terms.

Acts 2005, No. 2190, § 24: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the services of the county boards of education are no longer needed by the school districts; that there will be no funding available for the operation of the county boards of education; and that this act is immediately necessary because county boards of education need sufficient authority to transfer functions, duties, and records prior the end of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 19, § 10: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly must revise the public school funding formula, revise laws regarding public school facilities, provide funding for retirement increases and limit additional increases; and enact other necessary reform measures; and that this act is immediately necessary to ensure that reform measures are available to public schools for the 2005-2006 and 2006-2007 school years. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 143, § 2: Feb. 23, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that inclement weather creates serious challenges for school districts; that make-up days from school missed due to inclement weather has caused difficulties for school districts over the past several years; and that this act is immediately necessary to ensure school districts have additional options for managing schools and keeping students and staff safe during periods of inclement weather. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 286, § 2: Feb. 27, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts need more flexibility to manage make-up school days missed due to exceptional or emergency circumstances; that we are entering the time of year when many school days are missed due to weather; and that this act is immediately necessary to ensure that school district flexibility is in place before the end of the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Tort Liability of Public Schools and Institutions of Higher Learning for Educational Malpractice. 11 A.L.R.7th 5 (2015).

Tort Liability of Private Schools and Institutions of Higher Learning for Educational Malpractice, 18 A.L.R.7th Art. 7 (2018).

6-10-101. Title.

This act shall be known as the “School Law”.

History. Acts 1931, No. 169, § 1; Pope's Dig., § 11440; A.S.A. 1947, § 80-101.

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-105, 6-11-106 [repealed], 6-11-107, 6-11-110, 6-11-111, 6-11-117, 6-12-109 [repealed], 6-12-206 [repealed], 6-13-1016-13-104, 6-13-619, 6-13-620, 6-14-104 [repealed], 6-14-118, 6-16-1036-16-105, 6-16-107, 6-17-101 [repealed], 6-17-104, 6-17-105 [repealed], 6-17-401, 6-17-405 [repealed], 6-18-217, 6-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-2026-20-204, 6-20-208 [repealed], 6-20-2156-20-217, 6-20-220 [repealed], 6-20-221, 6-20-222, 6-20-403, 6-20-408 [repealed], 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602 [repealed], 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, 26-80-104.

Case Notes

Cited: Cade v. State, 185 Ark. 1150, 51 S.W.2d 857 (1932); Goodwin v. Cross County School Dist. No. 7, 394 F. Supp. 417 (E.D. Ark. 1973).

6-10-102. Penalty.

Any officer or employee of the State Board of Education or school district board of directors who shall willfully fail or refuse to comply with any provisions of the School Law for which no punishment is otherwise provided by law shall be deemed guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500).

History. Acts 1931, No. 169, § 197; Pope's Dig., §§ 3598, 11638; A.S.A. 1947, § 80–1907; Acts 1999, No. 1078, § 1; 2001, No. 1036, § 1; 2005, No. 1994, § 59; 2005, No. 2190, § 1.

Publisher's Notes. For the codification of the School Law, see the “Meaning of ‘this act’” note at § 6-10-101.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-10-103. Prosecutions and fines.

  1. Prosecutions under this act shall be brought in the name of the State of Arkansas before any court having competent jurisdiction.
  2. Any fine collected shall be paid over to the county treasurer and be credited to the general school fund of the respective school district.
  3. No bond for costs shall be required by any court or officer in prosecutions under this act.

History. Acts 1931, No. 169, § 161; Pope's Dig., §§ 3587, 11603; A.S.A. 1947, § 80-1513; Acts 1999, No. 1078, § 2.

Meaning of “this act”. See note to § 6-10-101.

6-10-104. Duty of prosecuting attorney.

  1. It shall be the duty of the prosecuting attorneys of the State of Arkansas or their deputies in any county to prosecute the violators of this act as in the case of any other misdemeanor.
  2. The prosecuting attorney of each judicial district shall, upon being satisfied that any violation of the school laws of this state has been committed by any officer or person in any county of his or her district, which renders that officer or person so offending liable to any fine, pain, penalty, or forfeiture for damage, shall, without delay, institute in any court of competent jurisdiction such proceedings as are necessary to bring the offender to trial and secure to the county, school district, or person so damaged by the violation the benefits and reliefs to which each or any of them may be entitled.
  3. For such services the prosecuting attorney shall be allowed the same compensation as he or she is allowed in cases of misdemeanor, which shall be assessed against the offender as cost.

History. Acts 1931, No. 169, §§ 162, 182; Pope's Dig., §§ 3588, 3596, 11604, 11624; A.S.A. 1947, §§ 80-1514, 80-1908.

Meaning of “this act”. See note to § 6-10-101.

6-10-105. [Repealed.]

Publisher's Notes. This section, concerning organizational interference with the public schools, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1959, No. 225, §§ 1-5; A.S.A. 1947, §§ 80-1910 — 80-1914.

6-10-106. Uniform dates for beginning and end of school year — Definition.

      1. In each school year, the first day of the school year for student attendance in the public elementary and secondary schools of the State of Arkansas shall be:
        1. On or after the Monday of the week in which August 19 falls;
        2. Not earlier than August 14; and
        3. Not later than August 26.
      2. The date for beginning the school year shall be determined by the board of directors of the school district.
      3. Labor Day shall be celebrated as a school holiday in all the school districts of the state, and school shall not be held on that date.
      4. As used in this section, “week” means a seven-day period that begins on a Sunday and ends on a Saturday.
    1. The Division of Elementary and Secondary Education may grant a school district a waiver to begin school on an earlier or later date if the division determines that there exists a material and substantial reason for the school district to begin on an earlier or later date due to very exceptional or emergency circumstances such as a contagious disease outbreak, inclement weather, or other acts of God.
  1. Contracts of employment for employees in licensed personnel positions and employees in nonlicensed personnel positions of school districts may require school district employees to begin performance under their contract of employment before the first day of student attendance.
    1. If the school year in any school district extends beyond the date observed as Memorial Day, such date shall be a holiday in the school district.
    2. Provided, upon approval of the division, this date may be used as a make-up day in any school district which has unavoidably lost more than five (5) scheduled days of student attendance during the course of the school year due to contagious disease outbreaks, inclement weather, or other acts of God.
    1. A public school district that provides a week-long holiday for spring break shall schedule the spring break holiday for five (5) consecutive school days beginning on the Monday of the thirty-eighth week of the school year.
    2. The thirty-eighth week of the school year shall be calculated by counting as week one the first week in July that begins on a Sunday.
    3. Nothing in this subsection shall prevent a public school district from providing fewer than five (5) consecutive school days for the spring break holiday to comply with the division's requirement for a minimum number of days for student attendance under the Standards for Accreditation of Arkansas Public Schools and School Districts.
  2. The division shall not grant a waiver from the requirements of this section unless this section specifically authorizes the waiver.
  3. A school district shall adopt an academic calendar that includes five (5) make-up days, in addition to the number of student-teacher interaction days required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education, for days unavoidably lost due to exceptional or emergency circumstances resulting from a contagious disease outbreak, inclement weather, or other acts of God.

History. Acts 1983 (1st Ex. Sess.), No. 6, §§ 1, 2; A.S.A. 1947, §§ 80-1506.1, 80-1506.2; Acts 1989, No. 461, § 1; 1993, No. 103, § 1; 2009, No. 424, § 1; 2009, No. 1469, § 1; 2011, No. 46, § 1; 2011, No. 65, § 1; 2013, No. 75, § 1; 2013, No. 1073, § 1; 2013, No. 1138, § 2; 2019, No. 910, §§ 1072-1075.

Publisher's Notes. Acts 1989, No. 461, § 1, provided, in part, that this act would be applicable “beginning with the 1989-90 school year and thereafter.”

Amendments. The 2009 amendment by No. 424 inserted (d) and redesignated the subsequent subsection as (e); and rewrote (e).

The 2009 amendment by No. 1469 added (f).

The 2011 amendment by No. 46 substituted “2011-2012 and 2012-2013” for “2009-2010 and 2010-2011” in (d)(1) and (d)(4)(A); substituted “August 1, 2012, and August 1, 2013” for “August 1, 2010, and by August 1, 2011” in (d)(4)(E); and substituted “August 1, 2013” for “August 1, 2011” in (d)(4)(F).

The 2011 amendment by No. 65 subdivided and rewrote (a)(1).

The 2013 amendment by No. 75 deleted “For school years 2011-2012 and 2012-2013, each” at the beginning of (d)(1); and deleted (d)(4).

The 2013 amendment by No. 1073 added (a)(1)(D).

The 2013 amendment by No. 1138 substituted “employees in licensed personnel positions and employees in nonlicensed personnel positions” for “certified and noncertified employees” in (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2); and substituted “division” for “department” in (a)(2), (c)(2), and (e) and made a similar change in (d)(3).

6-10-107. Notice of beginning of school term.

  1. At least ten (10) days before the beginning of the session of school, it shall be the duty of all school district boards of directors to provide ample means of publicity, by posting or printing notices or by public announcement, as to the date on which any session of school shall begin.
  2. The notices so posted or printed shall give in substance the provisions of this act concerning school attendance.

History. Acts 1931, No. 169, § 154; Pope's Dig., §§ 3580, 11596; A.S.A. 1947, § 80-1506.

Meaning of “this act”. See note to § 6-10-101.

Cross References. School attendance, § 6-18-201 et seq.

6-10-108. Twelve-month school year — Definition.

  1. It is found and determined by the General Assembly that public school facilities in the state are now effectively utilized only nine (9) or ten (10) months each year and that such facilities could be more efficiently utilized and educational opportunities in the various school districts could be enhanced by the establishment and operation of educational programs on a twelve (12) month per year basis. It is therefore the intent and purpose of this section to authorize public schools to initiate and maintain public school educational programs on a twelve-month basis.
  2. As used in this section, unless the context otherwise requires, “twelve-month year-round educational program” means an educational program in which all students attend school no less than the number of days required by the Standards for Accreditation of Arkansas Public Schools and School Districts between July 1 and June 30 of each school year and in which no vacation, including summer, lasts more than seven (7) weeks.
    1. The board of directors of any school district is authorized to initiate and maintain a twelve-month year-round educational program in any or all of the public schools in the school district.
    2. However, any school district which does not elect to operate on a twelve-month basis must start school in accordance with the provisions of § 6-10-106.
    1. The State Board of Education is authorized to establish appropriate standards, guidelines, and rules for the determination of average daily membership of school districts and for the distribution of state foundation funding and other forms of state aid and financial assistance to each local school district that elects to operate the public schools of the school district on a twelve-month basis, in order to provide the school district with an equitable share of the state foundation funds designated to equate a twelve-month school operation by the school district to the educational opportunities provided by a school district offering nine (9) months of public school instruction.
    2. However, the school district shall not receive any more state foundation funding for offering twelve (12) months of public school instruction than it would have received for offering nine (9) months of public school instruction.

History. Acts 1985, No. 178, §§ 1-3; A.S.A. 1947, §§ 80-1572 — 80-1574; Acts 1993, No. 294, § 3; 1993, No. 446, § 1; 1999, No. 391, § 1; 2005, No. 2121, § 1; 2015, No. 141, § 1; 2019, No. 315, § 178.

Amendments. The 2015 amendment substituted “seven (7)” for “six (6)” in (b).

The 2019 amendment substituted “and rules” for “rules, and regulations” in (d)(1).

6-10-109. Special program for training parents of students.

  1. Local matching funds shall be required for the Parents As Teachers program.
    1. Only public school districts or education service cooperatives established under The Education Service Cooperative Act of 1985, § 6-13-1001 et seq., are eligible for grants to operate Parents As Teachers programs.
    2. Grantees may subcontract with other agencies for operation of Parents As Teachers programs.
  2. No school district nor any parent or guardian shall be required to participate in the Parents As Teachers program.

History. Acts 1983 (1st Ex. Sess.) No. 37, §§ 1-3; A.S.A. 1947, §§ 80-3392 — 80-3392.2; Acts 1995, No. 1226, § 2; 1999, No. 100, § 1; 2007, No. 617, § 2.

6-10-110. Fire marshal program.

  1. The Division of Elementary and Secondary Education is authorized and directed to cooperate with and assist local school districts in this state in the establishment of an Arkansas school fire marshal program.
  2. Such program shall include, but shall not be limited to, the following:
    1. A periodic review and inspection of all school buildings and facilities for fire and other hazards;
    2. Cooperation with local fire departments and other organizations and persons in making building inspections, suggesting improvements to reduce fire hazards, and disseminating information designed to make school children and the public more conscious of fire hazards;
    3. The establishment in each school of an adequate plan for evacuation in case of fire;
      1. The training of school children in the means of recognizing fire hazards and of corrective steps to be taken in case of fire.
      2. Such training may include the establishment of school patrols consisting of school children who are to be constantly alert and on duty to detect fires or fire hazards; and
    4. Taking such additional action as may be necessary to promote the development of programs for fire prevention education and training.
  3. The State Board of Education shall promulgate reasonable and necessary rules for the establishment of minimum requirements to be met by the various school districts of this state for a school fire marshal program.
  4. Every school district in this state shall operate a school fire marshal program according to the requirements established by the state board, as authorized by this section.
    1. If the state board determines that any school district in this state has not established and maintained an adequate school fire marshal program as required by this section and by the minimum requirements established by the state board, the state board shall notify the school district in writing of the deficiencies in the school's fire marshal program and shall notify the school district that the deficiencies shall be corrected within thirty (30) days from the date of receipt of the notice.
    2. If any school district fails or refuses to correct the deficiencies within the thirty (30) days as required in this subsection, the state board shall thereafter withhold ten percent (10%) of the state equalization aid of the school district until the time that the state board determines that the deficiencies have been corrected.

History. Acts 1959, No. 61, §§ 1, 2; A.S.A. 1947, §§ 80-1630, 80-1631; Acts 1999, No. 391, § 2; 2019, No. 315, § 179; 2019, No. 910, § 1076.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-10-111. Equity Assistance Center.

  1. The Division of Elementary and Secondary Education is authorized to establish a special section within its organization, to be known as the Equity Assistance Center, designed to provide assistance to the school districts of the state in such activities as affirmative action, program accessibility, human relations, awareness, and desegregation.
  2. This assistance shall include on-site visits, workshops, program review, and any other special activity which might enable the school districts of the state to more effectively meet their civil rights responsibilities.
    1. The center created by this section shall be the liaison for the division with the United States Office for Civil Rights.
    2. The center shall maintain manuals, guidelines, procedures, and other informational materials setting requirements in the area of civil rights and describing how determination of compliance is made.
  3. Annually, each local school district in the state shall provide the center assurances of compliance with civil rights responsibilities in the form and at the time as is designated by the Commissioner of Elementary and Secondary Education.
  4. The division may withhold state aid from any school district that fails to file its assurance of compliance with civil rights responsibilities by October 15 each year or fails to file any other information with a published deadline requested from school districts by the center so long as thirty (30) calendar days are given between the request for the information and the published deadline, except that thirty (30) days notice shall not be required when the request comes from a member or committee of the General Assembly.
  5. The division is authorized to develop forms and promulgate appropriate rules and procedures as may be required to implement the provisions of this section.

History. Acts 1985, No. 167, §§ 1-3; 1985, No. 231, §§ 1-3; A.S.A. 1947, §§ 5-910.5 — 5-910.7; Acts 2001, No. 1033, § 1; 2019, No. 315, § 180; 2019, No. 910, §§ 1077-1079.

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in (f).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); substituted “division” for “department” in (c)(1), (e), and (f); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (d).

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-10-112. Rent on Department of Education buildings.

  1. The various programs and departments of the Department of Education that are financed from state, federal, or cash funds are authorized to pay rent for space utilized in the buildings annexed to the Department of Education Building.
  2. Such rent is to be paid from authorized maintenance accounts.

History. Acts 1969, No. 655, § 39.

6-10-113. Eye protection — Definitions.

  1. Every student and teacher in the public schools participating in any of the following courses is required to wear industrial-quality eye protective devices at all times while participating in the following courses or laboratories:
    1. Vocational or industrial arts shops or laboratories involving experience with:
      1. Hot molten metals;
      2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
      3. Heat treatment, tempering, or kiln firing of any metal or other materials;
      4. Gas or electric arc welding;
      5. Any of the processes listed in this section which may be used for repairing a vehicle; or
      6. Caustic or explosive materials; or
    2. Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.
  2. A board of education may, in its discretion:
    1. Purchase eye protective devices and furnish them free to students and teachers;
    2. Purchase eye protective devices and sell or rent the devices to students and teachers; or
    3. Require students and teachers to furnish their own eye protective devices without cost to the school.
  3. As used in this section:
    1. “Industrial quality eye protective devices” means devices meeting the standards of the American standard safety code for head, eye, and respiratory protection, Z2. 1-1959, promulgated by the American National Standards Institute;
    2. A “Board of education” shall be construed to include boards of directors of the school districts of this state, county boards of education, or the trustees of the various state-supported institutions of higher education in this state.

History. Acts 1965, No. 48, §§ 1-3; A.S.A. 1947, §§ 80-1634 — 80-1636.

Publisher's Notes. Acts 1965, No. 48, §§ 1-3 are also codified as §§ 6-51-102 and 6-61-108.

6-10-114. Unlawful to discriminate — Penalties.

    1. It shall be unlawful for any member of the board of directors, administrator, or employee of a public school to knowingly authorize the participation of students in an event or activity held at a location where some students would be excluded or not given equal treatment because of the student's race, national origin, or ethnic background.
    2. It shall be unlawful for any member of the board of directors, administrator, or employee of a public school to impose or threaten to impose disciplinary action against a person because:
      1. The person refuses to authorize or to participate in an event or activity prohibited by this section; or
      2. The person reports a violation of this section.
    1. If the State Board of Education determines that the board of directors or administrators of a public school knowingly violated this section, the public school shall be deemed to be not in compliance with the minimum standards for accreditation.
    2. If the State Board of Education determines that a person licensed by the State Board of Education knowingly violated this section, the State Board of Education shall suspend the person's license for a period not to exceed one (1) year.
    1. A violation of subdivision (a)(2) of this section shall be a Class A misdemeanor.
    2. Any person who knowingly authorizes students to participate in an activity or event in violation of this section shall be guilty of a Class A misdemeanor.
  1. It shall be a defense in any criminal prosecution or administrative hearing that the person authorized student participation in the event or activity after being threatened with disciplinary action if the person failed to authorize the participation.

History. Acts 1989, No. 852, §§ 1, 2; 2013, No. 1138, § 3.

Amendments. The 2013 amendment, in (b)(2), substituted “licensed” for “certified” and “license” for “certification”.

6-10-115. Period of silence.

  1. A public school in this state shall observe a one (1) minute period of silence at the beginning of school each school day.
  2. During the period of silence a student may, without interfering with or distracting another student:
    1. Reflect;
    2. Pray; or
    3. Engage in a silent activity.
  3. A teacher or school employee in charge of a public school classroom shall ensure that all students remain silent and do not interfere with or distract another student during the period of silence.

History. Acts 1995, No. 397, § 1; 1995, No. 539, § 1; 2013, No. 576, § 1.

Amendments. The 2013 amendment rewrote the section.

6-10-116. [Repealed.]

Publisher's Notes. This section, concerning charter schools, was repealed by Acts 1999, No. 890, § 16. The section was derived from Acts 1995, No. 1126, § 1; 1997, No. 112, § 2.

6-10-117. Four-day school week — Definition.

  1. It is found and determined by the General Assembly that granting local school districts greater flexibility in scheduling instructional time can reap educational benefits for the students and financial rewards for the school district. It is the intent of this section to authorize local school districts to initiate and maintain public school educational programs on a four-day school-week basis, so long as planned instructional time is in accord with requirements established by the State Board of Education.
  2. As used in this section, “four-day school week” means an educational program in which all students attend school for four (4) days a week but no fewer than the total number of hours required by the Standards for Accreditation of Arkansas Public Schools and School Districts in a five-day school week.
  3. The board of directors of any school district is authorized to initiate and maintain a four-day school week in any or all of the public schools in the school district.
    1. The State Board of Education shall establish appropriate standards, guidelines, and rules for the determination of average daily membership of school districts and for the distribution of state aid to each local school district that elects to operate any or all of the public schools of its school district on a four-day school-week basis, to provide the school district with an equitable share of aid funds designated to equate a four-day school-week operation by the school district to the educational opportunities provided by a school district offering a five-day school week.
    2. Provided, however, that a school district shall not receive any more state financial aid for offering a four-day school week of instruction than it would have received for offering a five-day school week of instruction.

History. Acts 1997, No. 1147, § 1; 2019, No. 315, § 181.

Amendments. The 2019 amendment substituted “and rules” for “rules, and regulations” in (d)(1).

6-10-118. Information about the availability of ARKids First.

  1. The Division of Elementary and Secondary Education shall cooperate with and assist local school districts in this state in the establishment of a program to inform students about health care coverage under the ARKids First Program Act, § 20-77-1101 et seq.
  2. The informational program shall:
    1. Be developed in cooperation with the Department of Human Services and any other state or community organization interested in assisting in the development and dissemination of information about the ARKids First Program to students and their parents or custodians;
    2. Include information about the eligibility guidelines and application for coverage under the program; and
    3. Provide recommended informational material to be delivered by local school districts to students and their parents or custodians.
  3. The State Board of Education shall promulgate rules to implement this informational program.

History. Acts 2005, No. 882, § 1; 2019, No. 315, § 182; 2019, No. 910, § 1080.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-10-119. Medicaid billing.

    1. By May 1 of each year, the Division of Elementary and Secondary Education shall identify school districts that are underperforming in the area of direct-service Medicaid billing.
    2. The division shall direct identified school districts to increase direct-service Medicaid billing by district staff or enter into an agreement with an education service cooperative or other public or private entity for the provision of direct-service Medicaid billing services.
  1. The school district for which billing services are rendered shall pay the education service cooperative providing the billing services an amount necessary to compensate the education service cooperative for costs associated with providing the services.
  2. Nothing in this section shall be construed to restrict qualified public or private providers from developing, maintaining, or expanding service relationships with school districts.

History. Acts 2005, No. 1527, § 1; 2017, No. 745, § 2; 2019, No. 910, § 1081.

Amendments. The 2017 amendment substituted “Department of Education shall identify school districts that” for “Special Education Section of the Department of Education shall determine which school districts” in (a)(1); rewrote (a)(2); and deleted “subject to the review and approval of the section” at the end of (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (a)(2).

6-10-120. Adequate and equitable public education system.

The General Assembly finds:

  1. It is the duty of the State of Arkansas to provide a general, suitable, and efficient system of free public schools to the children of the state under Arkansas Constitution, Article 14, § 1;
  2. The General Assembly is obligated to ensure the provision of an adequate and equitable system of education;
  3. The House Interim Committee on Education and Senate Interim Committee on Education conducted hearings in 2006 after the 2005 Supreme Court decision in Lake View School District No. 25 v. Huckabee, 364 Ark. 398 (2005);
  4. The Eighty-fifth General Assembly, in the First Extraordinary Session of 2006, implemented revisions to Arkansas law recommended by the House Interim Committee on Education and the Senate Interim Committee on Education based on the committees' findings following the 2006 hearings; and
  5. The acts passed upon the recommendation of the House Interim Committee on Education and the Senate Interim Committee on Education result in a system of public education that is adequate and equitable.

History. Acts 2006 (1st Ex. Sess.), No. 19, § 1.

6-10-121. Tornado safety drills — Definition.

    1. As used in this section, “public school” means:
      1. A school that is part of a public school district under the control and management of a local school district board of directors; or
      2. An open-enrollment public charter school.
    2. “Public school” includes the Arkansas School for Mathematics, Sciences, and the Arts, the Arkansas School for the Deaf, the Arkansas School for the Blind, and juvenile detention centers.
  1. The Director of the Division of Emergency Management shall require all public schools to conduct tornado safety drills not less than three (3) times per year in the months of September, January, and February.

History. Acts 2007, No. 828, § 1; 2013, No. 484, § 2; 2017, No. 745, § 3; 2019, No. 910, § 5756.

A.C.R.C. Notes. Acts 2013, No. 484, § 1, provided: “The General Assembly finds that:

“(1) Crime and violence remain issues in Arkansas public schools and nationwide;

“(2) The citizens of Arkansas have twice experienced the tragedy of a school shooting:

“(A) In 1997 when two (2) Stamps High School students were shot and wounded by sniper fire from a fellow student; and

“(B) In 1998 when four (4) students and one (1) teacher were killed at Westside Middle School in Jonesboro, and nine (9) more students and one (1) teacher were wounded;

“(3) In 2007, the National Center for Education Statistics reported that an average of nine and one-tenths percent (9.1%) of Arkansas's public high school students had been threatened or injured with a weapon on school property, compared to the national average of seven and eight-tenths percent (7.8%); and

“(4) With the increasing levels of crime and violence in our schools, school administrators and personnel must be prepared for more than the academic challenges of teaching students. They must also:

“(A) Develop and maintain a strong partnership with law enforcement; and

“(B) Be trained to recognize and assume their roles and responsibilities for preventing and responding to acts of violence, terrorism, natural disaster, and other crimes impacting the school environment.”

Amendments. The 2013 amendment rewrote (b).

The 2017 amendment redesignated part of (a)(1) as (a)(1)(A); and added (a)(1)(B).

The 2019 amendment substituted “Division of Emergency Management” for “Arkansas Department of Emergency Management” in (b).

6-10-122. Automated external defibrillators required.

    1. The State Board of Education shall promulgate rules to require that:
      1. Each school campus have an automated external defibrillator;
      2. Appropriate school personnel be adequately trained on or before May 31, 2011; and
      3. After May 31, 2011, appropriate school personnel be adequately trained on an ongoing basis.
    2. To enhance the potential life-saving capability of each automated external defibrillator, the rules shall include without limitation provisions regarding the availability of the school's automated external defibrillator at school-related activities, such as athletic events.
  1. To minimize the financial impact on school districts, each school district may apply for a grant from the Department of Health to purchase an automated external defibrillator or related equipment or to provide training to its personnel, or any combination of purchase of an automated external defibrillator or related equipment or provision of training to personnel.
  2. Beginning in 2011, the Commissioner of Elementary and Secondary Education shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before July 1 each year regarding the implementation of this section and the status of automated external defibrillator availability on each school campus.

History. Acts 2007, No. 1598, § 1; 2009, No. 496, § 2; 2019, No. 910, § 1082.

A.C.R.C. Notes. Acts 2009, No. 496, § 1, provided: “This act shall be known and may be cited as the ‘Antony Hobbs III Act’.”

Amendments. The 2009 amendment inserted (a)(1)(B)(i) and (a)(2), redesignated the remaining text accordingly, and deleted “if funds are available” following “defibrillator” in (a)(1)(A); added (b) and (c); and made related changes.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c).

6-10-123. School-based automated external defibrillator and cardiopulmonary resuscitation programs.

  1. The State Board of Education, after consultation with the Department of Health, shall develop rules based on guidelines for automated external defibrillator and cardiopulmonary resuscitation training that incorporates at least the following:
    1. Healthcare provider oversight, including planning and review of the selection, placement, and maintenance of automated external defibrillators;
    2. Appropriate training of anticipated rescuers in the use of the automated external defibrillator and in cardiopulmonary resuscitation;
    3. Testing of psychomotor skills based on the American Heart Association scientific guidelines, standards, and recommendations for the use of the automated external defibrillator, as they existed on January 1, 2009, and for providing cardiopulmonary resuscitation as published by the American Heart Association, American Red Cross, or in equivalent course materials, as they existed on January 1, 2009;
    4. Coordination with the emergency medical services system; and
    5. An ongoing quality improvement program to monitor training and evaluate response with each use of the automated external defibrillator.
  2. Automated external defibrillator and cardiopulmonary resuscitation training shall count fully toward the existing professional development requirements for teachers and school personnel.

History. Acts 2009, No. 496, § 3.

A.C.R.C. Notes. Acts 2009, No. 496, § 1, provided: “This act shall be known and may be cited as the ‘Antony Hobbs III Act’.”

6-10-124. Updating of school policies.

  1. After each regular, fiscal, or extraordinary session of the General Assembly, the board of directors of each public school district in the state and the superintendent of the school district shall review the acts of the General Assembly for that session to determine whether a law regarding child abuse and relating to public schools has been amended or has been added to the Arkansas Code.
  2. If a board of directors of a public school district determines that the General Assembly has amended or added to the Arkansas Code a law regarding child abuse and relating to public schools, the board of directors shall update the school's policies to accord with the new law within sixty (60) days after sine die adjournment of the General Assembly.

History. Acts 2011, No. 985, § 1.

6-10-125. School district floor plan on file with emergency management coordinator — Definition.

    1. As used in this section, “floor plan” means a document containing:
      1. A schematic drawing of facilities and property used by each public school in the school district, including the configuration of rooms, spaces, and other physical features of buildings;
      2. The location or locations where children enrolled in each public school in the school district spend time regularly;
      3. The escape routes approved by the local fire department for each public school in the school district;
      4. The average daily attendance of children enrolled in each public school in the school district; and
      5. The contact information for at least two (2) emergency contacts for each public school in the school district.
    2. An aerial view of each public school in the school district and property used by each public school in the school district shall be included with the floor plan if available.
  1. A school district may file a copy of the school district's floor plan with the emergency management coordinator for the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the school district is located.
  2. The emergency management coordinator shall ensure that the school district's floor plan submitted under subsection (b) of this section is available at the 911 public safety communications center and the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the school district is located.
  3. The Division of Elementary and Secondary Education may adopt rules to implement this section.

History. Acts 2013, No. 1159, § 1; 2019, No. 910, § 1083.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

6-10-126. Delay or early release of school due to emergency circumstances.

  1. A superintendent may delay the start time or release early a school or schools in the school district due to any of the following emergency circumstances:
    1. Inclement weather;
    2. Contagious disease outbreak; or
    3. Utility outage.
    1. For no more than five (5) school days total per year, a superintendent may, due to emergency circumstances under subsection (a) of this section, either:
      1. Delay the start of the school day until as late as 10:00 a.m.; or
      2. Release students from school no earlier than 1:00 p.m.
    2. A school day that is delayed or released early under subdivision (b)(1) of this section shall count as a credited school day, with no requirement for additional days to be added to the school calendar.

History. Acts 2015, No. 143, § 1; 2017, No. 747, § 1.

Amendments. The 2017 amendment substituted “Delay or early release of school due to emergency circumstances” for “Emergency inclement weather days” in the section heading; substituted “any of the following emergency circumstances” for “emergency inclement weather” in (a); added (a)(1), (a)(2), and (a)(3); and substituted “emergency circumstances under subsection (a) of this section” for “inclement weather” in (b)(1).

6-10-127. Making up missed school days.

  1. If a superintendent closes school for a regularly scheduled school day due to exceptional or emergency circumstances such as a contagious disease outbreak, inclement weather, or other acts of God, the superintendent may make up missed school days by adding time to the beginning or ending of a regular school day for a minimum of sixty (60) minutes.
    1. The Commissioner of Education may grant up to the equivalent of ten (10) student attendance days for public school districts that have an alternative instruction plan approved by the commissioner for the use of alternative methods of instruction, including without limitation virtual learning, on days when the public school district is closed due to exceptional or emergency circumstances such as:
      1. A contagious disease outbreak, inclement weather, or other acts of God; or
      2. A utility outage.
    2. The public school district's alternative instruction plan shall demonstrate how teaching and learning in the public school district will not be negatively impacted by the use of alternative methods of instruction under subdivision (b)(1) of this section.

History. Acts 2015, No. 286, § 1; 2017, No. 862, § 1.

Amendments. The 2017 amendment designated the existing language as (a); in (a), substituted “closes school for” for “cancels” and “may” for “can” preceding “make up”; and added (b).

6-10-128. School resource officers.

  1. A school district board of directors may accept from a local law enforcement agency with jurisdiction a school resource officer to assist with school security, safety, emergency preparedness, emergency response, or any other responsibility assigned to the school resource officer by the school or law enforcement agency.
  2. A school resource officer shall be a certified law enforcement officer and shall have statewide jurisdiction as described under § 16-81-118.

History. Acts 2015, No. 1179, § 1.

6-10-129. Efficiency in reporting — Definitions.

      1. The Division of Elementary and Secondary Education or the Division of Career and Technical Education may require a school district or public school to submit data and other information deemed necessary to assure that a school district or public school is in compliance with federal and state law and rule.
      2. A required submission may be made using the Arkansas Public School Computer Network or another system specified by the Division of Elementary and Secondary Education or the Division of Career and Technical Education.
      1. All divisions of the Division of Elementary and Secondary Education and the Division of Career and Technical Education shall have access to data and other information that is submitted to the Division of Elementary and Secondary Education or the Division of Career and Technical Education respectively.
      2. An employee of the Division of Elementary and Secondary Education or the Division of Career and Technical Education or a contractor acting on behalf of the Division of Elementary and Secondary Education or the Division of Career and Technical Education may only access data that is necessary to perform his or her duties.
  1. As used in this section, “data and other information” that is considered submitted includes information that is:
    1. Maintained by a school district or public school in eSchool, eFinance, or the Arkansas Public School Computer Network;
    2. Contained in any statewide data system or successor program; and
    3. Delivered to the Division of Elementary and Secondary Education or the Division of Career and Technical Education in paper format.
    1. The Division of Elementary and Secondary Education or the Division of Career and Technical Education may require a school district or public school to resubmit or explain data and other information if the data or other information is determined to be inaccurate, incomplete, unclear, or not in compliance with federal or state law or rule.
    2. Except as provided under subdivision (c)(1) of this section, data and other information shall not have to be resubmitted or explained in its original format or any other format.
  2. If the Division of Elementary and Secondary Education or the Division of Career and Technical Education requires data or other information to be compiled into a format that is different from what was originally submitted by a school district or public school, the Division of Elementary and Secondary Education or the Division of Career and Technical Education shall make the necessary format changes.
    1. A school district or public school may submit by electronic means any signatures required when submitting reports or data and other information to the Division of Elementary and Secondary Education and the Division of Career and Technical Education.
    2. As used in this subsection, “electronic means” means any of the following:
      1. A scanned and emailed version of a paper document;
      2. A document submitted by facsimile transmission;
      3. An electronic signature system that includes a passcode and is administered by the Division of Elementary and Secondary Education; or
      4. Other technological means approved by the Division of Elementary and Secondary Education.

History. Acts 2015, No. 1181, § 2; 2017, No. 873, § 1; 2019, No. 910, § 1084.

A.C.R.C. Notes. Acts 2015, No. 1181, § 1, provided: “Legislative Intent. The purpose of this act is to:

“(1) Reduce duplicative reporting by school districts to the Department of Education and the Department of Career Education; and

“(2) Encourage quality data to be submitted to and reused by the Department of Education and the Department of Career Education.”

Amendments. The 2017 amendment added (e).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Career and Technical Education” for “Department of Career Education” throughout the section.

6-10-130. Use of English learner assessment scores.

The score on statewide student assessments for an English learner student:

  1. Shall not be counted for growth or achievement purposes in the accountability ratings of a public school or public school district if the English learner student has been enrolled in a public school or private school in the United States for less than twelve (12) months; and
  2. Shall be counted for growth purposes only and not for achievement purposes in the accountability ratings of a public school or public school district if the English learner student has been enrolled in a public school or private school in the United States for at least twelve (12) months but not more than twenty-four (24) months.

History. Acts 2017, No. 991, § 1.

6-10-131. Immunity.

  1. A superintendent of a public school district is immune from civil liability and suit for damages for the enforcement of policies adopted by the board of directors of the public school district if the policies are in compliance with state or federal law.
  2. Personnel of the Division of Elementary and Secondary Education, including without limitation the Commissioner of Elementary and Secondary Education, are immune from civil liability and suit for damages for the enforcement of policies adopted by the State Board of Education or the Division of Elementary and Secondary Education if the policies are in compliance with state or federal law.

History. Acts 2017, No. 1040, § 1; 2019, No. 910, § 1085.

Amendments. The 2019 amendment, in (b), substituted “Division of Elementary and Secondary Education” for “Department of Education” twice, and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-10-132. Patriotic Access to Students in Schools Act — Definition.

  1. This section shall be known and may be cited as the “Patriotic Access to Students in Schools Act”.
  2. As used in this section, “patriotic society” means any youth group listed in Title 36 of the United States Code, as it existed on January 1, 2017.
    1. Beginning with the 2017-2018 school year, the principal of a public school shall allow during school hours representatives of a patriotic society the opportunity to:
      1. Speak with and recruit students to participate in the patriotic society; and
      2. Inform the students of how the patriotic society may further the students' educational interests and civic involvement to better the students' schools and communities and themselves.
    2. The patriotic society shall provide verbal or written notice to the principal of the patriotic society's intent to speak to the students.
    3. The principal shall provide verbal or written approval of the specific day and time for the patriotic society to speak to the students.
  3. A patriotic society shall be allowed the use of any school building or property to provide services allowing students to participate in activities provided by the patriotic society at times other than instructional time during the school day.

History. Acts 2017, No. 1069, § 1.

6-10-133. Bleeding control training.

  1. Beginning in the 2019-2020 school year, each public school shall provide bleeding control training as a component of a health course to be taught to students in grades nine through twelve (9-12).
  2. The State Board of Education, in consultation with the Department of Health, shall develop the bleeding control training required under this section using instructional materials developed or endorsed by the:
    1. American College of Surgeons Committee on Trauma;
    2. National Association of Emergency Medical Technicians; or
    3. Department of Health.
  3. The Division of Elementary and Secondary Education may promulgate rules to enforce this section.

History. Acts 2019, No. 245, § 1.

6-10-134. Notification to school district of the adjudication or conviction of a minor — Confidentiality — Definition.

  1. For the purposes of this section, “minor” means a:
    1. Child who is under eighteen (18) years of age; or
    2. Person who is eighteen (18) years of age or older and a student in a public secondary school.
  2. Upon receiving a written request, a court may provide information concerning the disposition of a minor who has been adjudicated delinquent or convicted of a criminal offense to the school superintendent or the designee of the school superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
  3. A prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which a minor transfers, in which the minor is enrolled, or from which the minor receives services if the minor is adjudicated delinquent for or convicted of:
    1. An offense involving a deadly weapon under § 5-1-102;
    2. Kidnapping under § 5-11-102;
    3. Battery in the first degree under § 5-13-201;
    4. Sexual indecency with a child under § 5-14-110;
    5. First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
    6. The unlawful possession of a handgun under § 5-73-119.
  4. Information provided under subsections (b) and (c) of this section shall not be released in violation of any state or federal law protecting the privacy of the minor.
    1. An arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services of the arrest or detention of the minor for one (1) or more of the following offenses:
      1. An offense involving a deadly weapon under § 5-1-102;
      2. Kidnapping under § 5-11-102;
      3. Battery in the first degree under § 5-13-201;
      4. Sexual indecency with a child under § 5-14-110;
      5. First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
      6. The unlawful possession of a handgun under § 5-73-119.
    2. The notice required under subdivision (e)(1) of this section shall be provided within twenty-four (24) hours of the arrest or detention of the minor or before the next school day, whichever is earlier.
      1. The superintendent of the school district in which the minor is enrolled or from which the minor receives services shall then immediately notify:
        1. The principal of the school;
        2. The resource officer of the school; and
        3. Any other school official with a legitimate educational interest in the minor.
      2. The arrest information shall:
        1. Be treated as confidential information; and
        2. Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (e)(3)(A) of this section.
      3. A person listed in subdivision (e)(3)(A) of this section who is notified of the arrest or detention of a minor by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives.
    3. The arrest information shall be used by the school only for the limited purpose of obtaining services for the minor or to ensure school safety.
  5. Records of the arrest of, the detention of, investigation of, or proceedings involving a minor are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unless:
    1. Authorized by a written order of the juvenile division of circuit court;
    2. The arrest or the proceedings result in the minor being formally charged in the criminal division of circuit court for a felony; or
    3. As allowed under this section or § 9-27-320.
    1. Information regarding the arrest or detention of a minor and proceedings related to the arrest or detention of the minor shall be confidential unless the exchange of information is:
      1. For the purpose of obtaining services for the minor or to ensure school safety;
      2. Reasonably necessary to achieve one (1) or both purposes; and
      3. Under a written order by the circuit court.
    2. Information regarding the arrest or detention of a minor may be given only to the following persons:
      1. A school counselor;
      2. A juvenile court probation officer or caseworker;
      3. A law enforcement officer;
      4. A spiritual representative designated by the minor or his or her parents or legal guardian;
      5. A Department of Human Services caseworker;
      6. A community-based provider designated by the court, the school, or the parent or legal guardian of the minor;
      7. A Department of Health representative;
      8. The minor's attorney or other court-appointed special advocate; or
        1. A school superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
        2. A school superintendent or the designee of the superintendent of the school district in which the minor is enrolled or from which the minor receives services shall immediately notify the following persons of information he or she obtains under subdivision (g)(1) of this section:
          1. The principal of the school;
          2. The resource officer of the school; and
          3. Any other school official with a legitimate educational interest in the minor.
    3. A person listed in subdivision (g)(2) of this section may meet to exchange information, to discuss options for assistance to the minor, to develop and implement a plan of action to assist the minor, and to ensure school safety.
    4. The minor and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (g)(2) of this section when three (3) or more individuals meet to discuss assistance for the minor or the protection of the school due to the behavior of the minor.
    5. Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the minor's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (g)(2) of this section and the purpose for the disclosure.
    6. A person listed in subdivision (g)(2) of this section who exchanges any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with the limitations set forth in this section.
    1. When a court orders a safety plan for a minor that restricts or requires supervised contact with another minor as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student safety be provided to the school superintendent, the designee of the superintendent, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
    2. When a court order amends or removes any safety plan outlined in subdivision (h)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student safety, be provided to the school superintendent, or his or her designee, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
    3. A school official who receives a court order and safety plan or information concerning the court order and safety plan shall:
      1. Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan;
      2. Keep the information confidential and shall not disclose the information to a person not listed in subdivision (g)(2) of this section;
      3. Include the information in the permanent educational records of the minor; and
        1. Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
        2. A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
        3. However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record of the minor.
    4. When a minor attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the permanent records of the minor at the local education agency and destroyed.

History. Acts 2019, No. 647, § 1.

Chapter 11 Education

Subchapter 1 — State Board of Education

A.C.R.C. Notes. Acts 2009, No. 1180, § 4, provided: “The document attached hereto titled ‘Prologue’ contains the findings concerning the history of school board functions. The document, ‘Prologue’, shall be filed in the journals of the House and Senate.”

Publisher's Notes. Acts 1941, No. 127, § 9, provided that the provisions of the act were cumulative with other statutes on this subject.

Due to the enactment of subchapter 2 by Acts 1999, No. 1323, the existing provisions of this chapter have been designated as subchapter 1.

Cross References. Department of Education, § 25-6-101 et seq.

Department of Career Education, § 25-30-101 et seq.

Quality Education Act of 2003, § 6-15-201 et seq.

School Law, § 6-10-101 et seq.

Vocational and technical education, § 6-50-101 et seq.

Preambles. Acts 1939, No. 184 contained a preamble which read:

“Whereas, there are pending in the Seventy-Sixth Congress several measures designed to provide federal aid for education in the respective states, and

“Whereas, there is a likelihood that one such measure will be enacted by the Seventy-Sixth Congress, effective July 1, 1939, and

“Whereas, the General Assembly of Arkansas will not be in session again until 1941 and it is necessary that the General Assembly provide for the acceptance of these funds and for the administration thereof by definite constituted state authority in accordance with the federal statutes;

“Now, therefore … .”

Acts 1959, No. 160 contained a preamble which read:

“Whereas, the State Board of Education is one of the most important and most active of the State Boards or Commissions; and

“Whereas, many other State Boards and Commissions are authorized by law to pay per diem allowances and expenses;

“Therefore … .”

Acts 1987, No. 771 contained a preamble which read:

“Whereas, state laws relating to vocational and technical education changed significantly during the past six years;

“Whereas, a careful study of statutes affecting vocational and technical education reveals several conflicts among various sections, instances of legislation by inference rather than by specific provision, and inconsistency in terminology;

“Whereas, the Arkansas Statute Revision Commission is presenting to the 1987 General Assembly recommendations for recodifying the statutes; and

“Whereas, although the Commission members recognize the problems in vocational education, they believe that only the General Assembly has legal authority to resolve them;

“Now therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1937, No. 244, § 3: Mar. 12, 1937. Emergency clause provided: “For the reason that the financial condition of the Public Schools of Arkansas is such that immediate relief is imperative and because of the responsibility with which the Governor is charged in protecting and promoting the best interests of the public schools, because the Governor is held responsible for carrying out the mandate of the people in inaugurating free textbooks as provided in Initiative Act No. 1 of 1936, and because the laws do not give him this legal responsibility, and this act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1941, No. 127, § 11: approved Mar. 11, 1941. Emergency clause provided: “It is found and declared by the General Assembly that many of the present members of the State Board of Education are so engaged with public duties that they do not have the time to give adequate attention to consideration of matters properly coming before the Board of Education; that reorganization of the State Board of Education as provided in this act would be materially delayed and would result in much uncertainty as to when the reforms provided for would go into effect, unless this act becomes effective immediately; that it is vital to the welfare of the public schools of this state that the State Board of Education take immediate steps to put into effect the reforms permitted by this act; that the efficient functioning of the schools for the new year beginning July 1, 1941, will depend upon immediate careful planning and execution of these plans by the Board charged with the responsibility for their administration; that the Board should have ample time prior to the beginning of the new school year to put many of these plans into effect, and that it is therefore necessary for the preservation of the public peace, health and safety that this act become effective without delay; an emergency is therefore hereby declared, and this act shall take effect and be in force from and after its passage.”

Acts 1949, No. 250, § 3: approved Mar. 8, 1949. Emergency clause provided: “Whereas, Section 11461 of Pope's Digest as now worded is susceptible to more than one interpretation as to the status of the Commissioner of Education, and whereas, said section specifically limits the salary of the Commissioner to $5,000 annually, and whereas, the expanding educational program in Arkansas requires the services of a man of unusual competence to serve as Commissioner of Education and to secure the services of such a person a salary in excess of this $5,000.00 limit must be provided, and whereas, this cannot be done at this session of the General Assembly unless this Act becomes effective immediately; now, therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage.”

Acts 1968 (1st Ex. Sess.), No. 67, § 7: July 1, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain school districts in this State which have experienced unusual and rapid growth in enrollment have found it necessary to increase indebtedness to continue to provide a satisfactory level of school services for such increased enrollment; that procedures must be established whereby such school districts may fund their outstanding nonbonded debt existing on the effective date of this act thereby restoring the school district's finances to a manageable basis; and that the immediate passage of this act is necessary to establish authorization and procedure for funding such nonbonded debt, therefore an emergency is hereby declared to exist and portions of this act being immediately necessary for the preservation of the public peace, health and safety, Sections 5 through 7 of this act shall be effective from and after its passage and approval. All other sections of this act shall be effective from and after July 1, 1968.”

Acts 1971, No. 38, §§ 10, 23: Feb. 4, 1971: Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible State Government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the Government by the consolidation of various departments, boards and commissions; and that only by the immediate passage of this Act may procedures be established for effectuating a more responsive, responsible and economic State Government. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 682, § 44: Apr. 20, 1971. Emergency clause provided: “It is hereby found and determined that it may be necessary to extend the regular session of the Sixty-Eighth General Assembly as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1971, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1971, the General Assembly hereby determines that the immediate passage of this Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1971.”

Acts 1973, No. 62, § 3: July 1, 1973. Effective date clause provided: “This Act shall be effective July 1, 1973.”

Acts 1981, No. 250, § 2: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to an orderly transition of the Department of Education into two separate divisions that this Act become effective on July 1, 1981; That unless an emergency is declared, an extension of the 1981 regular session of the General Assembly could delay the effective date of this Act beyond July 1, 1981. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1981.”

Acts 1987, No. 771, § 17: Apr. 7, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to clarify the laws related to vocational and technical education. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 773, § 14: Mar. 26, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the reconstructing of the delivery system of adult education and vocational education in this state is necessary to provide quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business, industry, labor and agriculture to provide every citizen with an opportunity to participate in vocational-technical training and associate degree programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be implemented and comprehensive planning can begin. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1992 (1st Ex. Sess.), No. 4, § 8: Feb. 27, 1992. Emergency clause provided: “It is hereby found and determined by the Seventy-Eight General Assembly, meeting in 1st Extraordinary Session, that there is an immediate need to implement the public school system statewide computer network which will link all the public schools and the Department of Education, thereby enhancing the effective and efficient operations of the public school system in Arkansas; therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect upon its passage and approval.”

Acts 1995, No. 297, § 9: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the immediate effectiveness of this act is essential to the operation of the Department of Education. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1362, § 57: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the provisions of Section 51 herein will provide the monies necessary to adequately fund the operations of the Department of Education each fiscal year of the 1997-99 biennium and must be made available for the 1997-98 fiscal year. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, Section 51 of this Act shall be in full force and effect from and after its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, Section 51 shall become effective on the expiration date of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, Section 51 shall become effective on the date the last house overrides the veto. The remaining sections of this Act shall become effective from and after July 1, 1997.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 1999, No. 1429, § 37: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2003, No. 1097, § 2: Apr. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state needs timely and accurate financial data relating to the funding and expenditures of the various school districts in the state in order to fulfill its constitutional mandates to provide education to the children of Arkansas; that the Arkansas School Computer Network establishes a tool whereby timely and comparable information may be gathered pertaining to the funding and expenditures of the various public schools in the state; and that this act is immediately necessary because it is vital that this information be provided to the Department of Education and the General Assembly in a timely manner. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 1769, § 2: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas needs timely and accurate financial data relating to the funding and expenditures of the various school districts in the state in order to fulfill its constitutional mandates to provide education to the children of Arkansas; that the Arkansas School Computer Network establishes a tool whereby timely and comparable information may be gathered pertaining to the funding and expenditures of the various public schools in the state; and that it is vital that this information be provided to the Department of Education and the General Assembly in a timely manner. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 90, § 5: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), declared the now existing system of education to be unconstitutional because it is both inequitable and inadequate; the Arkansas Supreme Court set forth the test for a constitutional system to be a system in which the state has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; and that this act is immediately necessary because the Arkansas Supreme Court instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1672, § 6: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the study of staffing needs conducted pursuant to Act 64 of the Second Extraordinary Session of 2003 determined that the Department of Education is in need of reorganization; that this act would reorganize the department to help the department become more efficient and effective; and that to aid an orderly transition this act should become effective at the beginning of the next fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2005, No. 1936, § 4: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there needs to be better coordination among educational entities in the state; that it is imperative to include science, mathematics, and technology interests in the coordination efforts; and that this act is immediately necessary because the Arkansas Commission for Coordination of Educational Efforts is in the process of developing recommendations for improvements in education in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 38, § 4: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current Arkansas law does not provide sufficient information on the cost of administrative rules promulgated by the State Board of Education and the State Board of Workforce Education and Career Opportunities; and that this bill will provide critical information on the cost of administrative rules to public school districts and will minimize the possibility of the placement of unfunded mandates upon public school districts. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1463, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the obligation of the state to provide a substantially equal opportunity for an adequate education to the public students of this state; that public school district accountability to the Department of Education and to the General Assembly is a key element to the state's ability to meet that obligation; and that this act is immediately necessary to ensure that any changes to the data collection systems used by the Department of Education and public school districts are provided to public school districts at the beginning of the 2009-2010 school year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2015, No. 525, § 2: Mar. 18, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Commissioner of Education is critical to the success of public education; that the qualities of a Commissioner of Education have changed along with the education system in general; and that this act is immediately necessary to ensure that the requirements for the Commissioner of Education are appropriate. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 565, § 29: Mar. 22, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will create more efficient regulation of private career education; and that this act is immediately necessary to provide Arkansas citizens seeking private career education the consumer protection services they need. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

C.J.S. 78 C.J.S., Schools, § 96 et seq.

6-11-101. Members.

  1. The State Board of Education shall be composed of nine (9) members:
    1. Two (2) members to be selected from each of the congressional districts of the state as they exist at the time of appointment; and
    2. One (1) member to be appointed at large from within the state.
    1. The term of office of a member of the state board shall be for a single term of seven (7) years.
      1. Any member appointed to the state board to fill a vacancy for an uncompleted term with less than three (3) years remaining on the original term may be reappointed to an additional term of seven (7) years.
      2. No member serving three (3) or more years on the state board may be reappointed.
    2. No current or new member shall be allowed to resign in order to be appointed to a new term on the state board.
  2. The membership of the state board shall reflect the diversity in general education.
    1. No person may serve as a member of the state board unless he or she is a qualified elector and is a person of high moral standards and recognized ability.
    2. Neither the Commissioner of Elementary and Secondary Education nor any candidate for public office, holder of a public office in the state, schoolteacher, county or city superintendent, employee of a state-supported college or university, or member of any board of trustees of any state institution of higher education shall serve as a member of the state board.
  3. The members of the state board shall be appointed by the Governor, subject to the confirmation of the Senate and shall take the oath of office for officers prescribed by the Arkansas Constitution.
    1. Whenever a vacancy occurs in the membership of the state board, the Governor shall appoint a successor who shall serve the remainder of the unexpired term of the member that he or she succeeded, subject to all other provisions of this section.
    2. Resignation, disqualification, incapacitation from mental or physical disability or otherwise, or change in status from the eligibility requirements for membership on the state board shall automatically create a vacancy in the membership of the state board, and no such member shall thereafter exercise any of the functions of membership on the state board even though his or her successor has not been appointed.
    1. Members of the state board shall be subject to removal from office by the Governor when the actions or condition of a member shall be considered as sufficient cause for removal.
    2. However, before a member may be removed for cause, this cause must have been accepted as true, good, and sufficient by a majority written vote of all members of the state board after a formal hearing at a regular or special session of the state board.
  4. The members of the state board shall serve without remuneration but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq., as follows:
    1. Actual expenses while attending regular and special meetings of the state board; and
    2. A per diem allowance when in attendance at regular or special meetings of the state board.

History. Acts 1931, No. 169, §§ 3-5; 1937, No. 244, § 1; Pope's Dig., §§ 11442 — 11445; Acts 1941, No. 127, §§ 1-4; 1959, No. 160, § 1; 1971, No. 38, § 10; 1973, No. 62, § 1; A.S.A. 1947, §§ 5-910, 80-102 — 80-105, 80-108; Acts 1993, No. 294, § 4; 1995, No. 297, § 1; 1997, No. 250, § 14; 1999, No. 885, § 1; 2003 (2nd Ex. Sess.), No. 90, § 4; 2007, No. 344, § 1; 2009, No. 376, § 3; 2015, No. 846, § 2; 2017, No. 540, §§ 2, 3; 2019, No. 910, § 1086.

Amendments. The 2009 amendment inserted “Arkansas” in (e).

The 2015 amendment repealed (b)(4).

The 2017 amendment substituted “at the time of appointment” for “on the July 31, 2007” in (a)(1); and deleted “removal from the district from which he or she is appointed” following “Resignation” in (f)(2).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (d)(2).

6-11-102. Commissioner of Elementary and Secondary Education.

    1. Subject to confirmation by the Governor, the State Board of Education is empowered to employ a person to act as the Commissioner of Elementary and Secondary Education and who shall be the administrative head of the Division of Elementary and Secondary Education.
    2. The commissioner shall serve at the pleasure of the Governor.
    3. The commissioner shall report to the Secretary of the Department of Education.
  1. The commissioner shall:
    1. Devote all of his or her time to the duties of his or her office;
    2. Act as an agent of the state board; and
    3. Perform other duties as are designated by the state board and by statute.
    1. The person selected as the commissioner shall:
      1. Be a person of good moral character, recognized as a leader in the field of education, and qualified technically and by experience to direct the work of the division; and
      2. Unless a deputy commissioner meets the requirements of this subdivision (c)(1)(B), a person selected as commissioner shall:
        1. Hold a master's degree from an accredited institution;
        2. Have had ten (10) years' experience as a teacher, five (5) of which must be of an administrative or supervisory nature; and
        3. Hold a valid state teacher's license.
    2. No person who is related within the fourth degree of consanguinity or affinity to any member of the state board shall be eligible to serve as commissioner.
  2. It is the specific intention of this act to define and declare the commissioner to be the employee of the state board.
    1. The commissioner, or a disbursing agent designated by him or her and approved by the state board, shall give bond to the State of Arkansas as provided by law for other disbursing agents conditioned for the faithful performance of his or her duties and the faithful accounting for all the school money of the state, of any county, or of any school district that may come into his or her hands.
    2. The bond shall be in a solvent surety company having a right to do business in the State of Arkansas and shall be approved by the state board.
    3. The premium on the bond shall be paid by the state board as one of the expenses of the state board.
  3. The state shall furnish the commissioner with suitable offices.

History. Acts 1931, No. 169, §§ 22, 23; Pope's Dig., §§ 11461, 11462; Acts 1941, No. 127, § 7; 1949, No. 250, § 1; 1971, No. 38, § 10; A.S.A. 1947, §§ 5-910, 80-118, 80-120; Acts 1987, No. 771, § 9; 1993, No. 294, § 4; 1995, No. 297, § 2; 1999, No. 1323, § 3; 2005, No. 1672, § 2; 2013, No. 1073, § 2; 2013, No. 1138, § 4; 2015, No. 525, § 1; 2019, No. 910, §§ 1087, 1088.

A.C.R.C. Notes. The operation of subsection (e) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials, and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. Subsection (e) of this section may again become effective upon cessation of coverage under that program. See § 21-2-703.

Publisher's Notes. Acts 1931, No. 169, § 28 transferred the duties of the State Superintendent of Public Instruction to the Commissioner of Education. Acts 1971, No. 38 changed the title of the Commissioner of Education to the Director of Education. Acts 1981, No. 64 divided the Department of Education into two divisions to be directed by a Director of General Education and a Director of Vocational and Technical Education.

Amendments. The 2013 amendments by Nos. 1073 and 1138 substituted “license” for “certificate” in (c)(1)(D).

The 2015 amendment substituted “shall” for “must” in the introductory language of (c)(1); added the introductory language of (c)(1)(B); redesignated (c)(1)(B) as (c)(1)(B)(i); and redesignated (c)(1)(C)-(D) as (c)(1)(B)(ii)-(iii).

The 2019 amendment, in (a)(1), substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and substituted “Division of Elementary and Secondary Education” for “Department of Education”; added (a)(3); and substituted “division” for “department” in (c)(1)(A).

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-105, 6-11-106 [repealed], 6-11-107, 6-11-110, 6-11-111, 6-11-117, 6-12-109 [repealed], 6-12-206 [repealed], 6-13-1016-13-104, 6-13-619, 6-13-620, 6-14-104 [repealed], 6-14-118, 6-16-1036-16-105, 6-16-107, 6-17-101 [repealed], 6-17-104, 6-17-105 [repealed], 6-17-401, 6-17-405 [repealed], 6-18-217, 6-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-2026-20-204, 6-20-208 [repealed], 6-20-2156-20-217, 6-20-220 [repealed], 6-20-221, 6-20-222, 6-20-403, 6-20-408 [repealed], 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602 [repealed], 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, 26-80-104.

6-11-103. Officers.

  1. The State Board of Education shall elect one (1) of its number chair, one (1) vice chair, and such other officers as the state board deems necessary to perfect its organization.
  2. The Commissioner of Elementary and Secondary Education shall act as ex officio secretary of the state board without a vote.

History. Acts 1931, No. 169, § 7; Pope's Dig., § 11447; Acts 1941, No. 127, § 5; A.S.A. 1947, § 80-107; Acts 1987, No. 771, § 5; 1991, No. 773, § 7; 1995, No. 297, § 3; 1999, No. 1323, § 4; 2019, No. 910, § 1089.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b).

6-11-104. Meetings.

  1. The State Board of Education shall meet a minimum of six (6) times annually.
  2. In any of its meetings before the end of the calendar year, the state board shall determine the meeting dates for the following year.
    1. Special meetings may be called by the chair of the state board with no less than twenty-four (24) hours notice to the members and the Commissioner of Elementary and Secondary Education and with timely responses from enough state board members that they will attend the meeting so as to indicate that a quorum will be present.
    2. In the absence of the chair, the commissioner shall call a meeting on the request of three (3) members of the state board with the same notice and response requirements.
    3. If both the chair and the commissioner shall be absent or refuse to call a meeting, any three (3) members of the state board may call a meeting by utilizing the same notice and response requirements in notifying the members and the office of the commissioner.

History. Acts 1931, No. 169, § 6; Pope's Dig., § 11446; Acts 1981, No. 250, § 1; 1983, No. 600, § 1; A.S.A. 1947, § 80-106; Acts 1987, No. 511, § 1; 1993, No. 294, § 4; 1997, No. 703, § 1; 1999, No. 1323, § 5; 2017, No. 745, § 4; 2019, No. 910, § 1090.

Amendments. The 2017 amendment substituted “In any of its meetings before the end of the calendar year, the state board shall” for “The state board will meet each December to” in (b).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(1).

6-11-105. Powers and duties.

  1. The State Board of Education shall:
    1. Have general supervision of the public schools of the state;
    2. Recommend courses of study for the public schools and teacher training institutions;
    3. Issue licenses based upon credentials presented by applicants for licenses to teach in the public schools of the state;
    4. Qualify and standardize public schools and prescribe requirements for accrediting and grading public schools;
    5. Supervise the operation of school district budgets;
    6. Supervise the purchase and distribution of textbooks;
    7. Take such other action as it may deem necessary to promote:
      1. The physical welfare of school children;
      2. The organization and efficiency of the public schools of the state; and
      3. Public education and awareness about racial profiling;
      1. Perform all other functions that may now or hereafter be delegated to the state board by law.
      2. However, this section shall not prohibit the state board and the Division of Elementary and Secondary Education from issuing teachers' licenses upon the results of teachers' examinations as now provided by law;
    8. Eliminate unnecessary reports and paperwork by yearly identifying and compiling a list of all reports that are required from local school districts by the division or the state board for the school year;
    9. Adopt policies to ensure, except as allowed under subsection (b) of this section, that local school districts are not required by the state board or the division to:
      1. Provide information that is already available on a division student information management system or housed within the division;
      2. Provide the same written information more than one (1) time during a school year unless the information has changed during the school year; or
      3. Complete forms for children with disabilities that are not necessary to ensure compliance with federal statutes and regulations, including, but not limited to, the Individuals with Disabilities Education Act, state mandates, and corresponding appropriations governing the provision of special education services to students with disabilities;
      1. If the state board orders the takeover of a school district under authority granted under this title and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district.
      2. The state board may designate the authority granted under this subdivision (a)(11) to the Commissioner of Elementary and Secondary Education; and
    10. Have general supervision of career and technical education.
  2. The state board may require information available on a division student information management system or require the same information twice if the state board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information.
  3. The state board may organize and, from time to time, change and alter the division into branches or sections as may be found necessary and desirable by the commissioner to perform all proper functions and to render maximum service relating to the operation and improvement of the general education programs of the state.
  4. The state board shall adopt rules for its meetings and proceedings as it deems advisable.

History. Acts 1931, No. 169, §§ 7, 14; Pope's Dig., §§ 11447, 11453; Acts 1941, No. 127, §§ 5, 6, 8; A.S.A. 1947, §§ 80-107, 80-113, 80-122; Acts 1987, No. 771, §§ 5, 11; 1999, No. 1323, §§ 6, 7; 2003, No. 413, § 1; 2005, No. 2136, § 1; 2009, No. 1473, § 1; 2011, No. 989, § 1; 2013, No. 1073, §§ 3, 4; 2013, No. 1138, §§ 5, 6; 2017, No. 745, § 5; 2019, No. 315, § 183; 2019, No. 910, §§ 1091-1096.

Amendments. The 2009 amendment deleted (a)(2) and redesignated the remaining subdivisions accordingly; and, in (a)(3), deleted “and regulations for the sanitary inspection of all buildings and” following “rules.”

The 2011 amendment added (a)(12).

The 2013 amendment by No. 1073 substituted “licenses” for “certificates” in (a)(4) [now (a)(3)]; in (a)(9)(B) [now (a)(8)(B)], substituted “this section” for “nothing in this act”, inserted “not” following “shall”, and substituted “licenses” for “certificates”.

The 2013 amendment by No. 1138 substituted “licenses” for “certificates” twice in (a)(4) [now (a)(3)] and once in (a)(9)(B) [now (a)(8)(B)].

The 2017 amendment repealed former (a)(3).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(8)(B); substituted “division” for “department” throughout the section; substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(11)(B); and added (a)(12).

U.S. Code. The Individuals with Disabilities Education Act, referred to in this section, is codified as 20 U.S.C. § 1400 et seq.

Case Notes

Cited: Lavender v. City of Rogers, 232 Ark. 673, 339 S.W.2d 598 (1960); Lavender v. City of Rogers, 233 Ark. 161, 343 S.W.2d 103 (1961); Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-11-106. [Repealed.]

Publisher's Notes. This section, concerning the State Board of Vocational Education, was repealed by Acts 1999, No. 1323, § 8. The section was derived from Acts 1931, No. 169, § 16; Pope's Dig., § 11455; A.S.A. 1947, § 80-115; Acts 1987, No. 771, § 8.

6-11-107. Official seal.

The State Board of Education shall adopt a seal, and the seal shall be used by the Commissioner of Elementary and Secondary Education to authenticate documents or copies of documents as the state board or commissioner may deem advisable.

History. Acts 1931, No. 169, § 19; Pope's Dig., § 11458; A.S.A. 1947, § 80-109; Acts 1987, No. 771, § 6; 1999, No. 1323, § 9; 2019, No. 910, § 1097.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-11-108. [Repealed.]

Publisher's Notes. This section, concerning the employment of personnel by the State Board of Education, was repealed by Acts 2001, No. 537, § 2. The section was derived from Acts 1941, No. 127, § 8; A.S.A. 1947, § 80-122; Acts 1987, No. 771, § 11; 1999, No. 1323, § 10.

6-11-109. [Repealed.]

Publisher's Notes. This section, concerning approval of a school district's contract by the State Board of Education, was repealed by Acts 2007, No. 1573, § 42. The section was derived from Acts 2003, No. 1738, § 5.

6-11-110. Uniform system of records — Reports.

  1. The State Board of Education shall prescribe a uniform system of records to be kept by the school directors, principals, and teachers of schools.
  2. All the school officials and employees listed in subsection (a) of this section shall make reports to the Commissioner of Elementary and Secondary Education as may be designated by the state board.

History. Acts 1931, No. 169, § 18; Pope's Dig., § 11457; A.S.A. 1947, § 80-117; Acts 1999, No. 1323, § 11; 2019, No. 910, § 1098.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b).

6-11-111. Records of proceedings — Annual report.

  1. The State Board of Education shall keep in the office of the Commissioner of Elementary and Secondary Education a complete record of the minutes of its meetings and other proceedings and annually shall make a report to the Governor that shall embody the report of the commissioner to the state board.
  2. At the opening of each regular session of the General Assembly, the Governor shall transmit to the General Assembly each annual report of the state board for each year of the biennium preceding the regular session of the General Assembly.
    1. Each annual report of the state board shall be printed by the state board and distributed among the various school officers of the state or made available to public school districts by including a link to the annual report on the Division of Elementary and Secondary Education website.
    2. The annual report shall include without limitation the information required by § 6-20-2304(b).

History. Acts 1931, No. 169, §§ 17, 25; Pope's Dig., §§ 11456, 11464; A.S.A. 1947, §§ 80-110, 80-112; Acts 1987, No. 771, § 7; 1999, No. 1323, § 12; 2007, No. 1587, § 1; 2009, No. 376, § 4; 2019, No. 910, §§ 1099, 1100.

Amendments. The 2009 amendment inserted “to the state board” in (a); inserted “each annual report of the state board for each year of the biennium preceding the regular session of the General Assembly” in (b); and made minor stylistic changes.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1).

Cross References. Annual report and statement of finances, § 6-51-214.

6-11-112. Power to make plans coordinating state and federal laws.

The State Board of Education is empowered to make plans, promulgate rules, and seek waivers for flexibility as necessary for this state to meet the requirements of a law enacted by the United States Congress for general education, including without limitation the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, or any supplementary federal regulations, directives, or decisions of the United States Department of Education pertaining to that legislation.

History. Acts 1955, No. 88, § 2; A.S.A. 1947, § 80-141; Acts 1987, No. 771, § 14; 1999, No. 1323, § 13; 2013, No. 1429, § 1; 2017, No. 745, § 6.

Amendments. The 2013 amendment inserted “promulgate”, “including without limitation … Pub. L. No. 107-110”, and “directives, or decisions of the United States Department of Education”, substituted “seek waivers for flexibility” for “regulations”, and deleted “in order” following “as necessary”.

The 2017 amendment substituted “Every Student Succeeds Act, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001, Pub. L. No. 107-110”.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

6-11-113. Federal aid — Acceptance and distribution generally.

    1. The General Assembly accepts all federal aid to education that may be provided by the United States Congress.
    2. The State Board of Education is designated as the state educational authority for the purpose of representing the state in the administration of funds provided by the United States Congress.
    3. The state board is empowered to promulgate such rules and enforce such federal regulations as are necessary on the part of the state to meet any and all requirements of the United States Government in the distribution of federal aid.
    4. The state board shall provide for the proper auditing and accounting of all federal funds and for making all necessary reports regarding the expenditures of the federal funds.
    5. The state board shall perform such other functions as may be prescribed by the act providing aid.
  1. The Treasurer of State is designated to serve as trustee for such funds as may be apportioned to the State of Arkansas in this connection.
  2. The funds shall be disbursed according to the provisions of the federal act allocating them.

History. Acts 1939, No. 184, §§ 1, 2; A.S.A. 1947, §§ 80-123, 80-124; Acts 1987, No. 771, § 12; 1999, No. 1323, § 14; 2019, No. 315, § 184.

Amendments. The 2019 amendment substituted “rules and enforce such federal regulations” for “regulations” in (a)(3).

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-11-114. [Repealed.]

Publisher's Notes. This section, concerning receipt and administration of federal aid for school facilities, was repealed by Acts 2009, No. 1473, § 2. The section was derived from Acts 1955, No. 88, § 1; A.S.A. 1947, § 80-140; Acts 1987, No. 771, § 13.

6-11-115. Special contracts.

The State Board of Education is authorized to enter into and carry out such contractual agreements and arrangements with local school districts and other agencies as may be found necessary to implement any and all sections of Pub. L. No. 89-10, as amended, and other federal programs, including services for children of migratory farm workers, services for persons with mental and physical disabilities as set out under Title VI of Pub. L. No. 89-10 [repealed], and any and all other services found to be essential to the extension of the benefits to eligible participants.

History. Acts 1971, No. 682, § 36; 1997, No. 208, § 3.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided:

“Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

U.S. Code. Pub. L. No. 89-10, referred to in this section, is the Elementary and Secondary Education Act of 1965, which was reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, 20 U.S.C. § 6301 et seq.

Titles I, VII, and X of Pub. L. No. 89-10 are codified in Chapter 70 of Title 20 of the U.S. Code. Titles II, III, IV, V, VI, VIII, and IX (except part C) of Pub. L. No. 89-10 were repealed by 20 U.S.C. § 3863(a) [repealed].

6-11-116. Standards for priority of projects.

  1. The Commission for Arkansas Public School Academic Facilities and Transportation is granted authority to prescribe principles, standards, and criteria to be followed in setting up priority of projects, provided that such principles, standards, and criteria are not in conflict with federal statutes.
  2. Such principles, standards, and criteria shall include the following factors which shall be given priority over other considerations so long as they are not in conflict with the federal statutes:
    1. The relative condition of facilities within a school district, taking into consideration the age and condition of school buildings and facilities and the need for replacement or repair thereof to properly accommodate the school population of the school district and to protect the health and safety of the school children;
    2. The relative financial ability of school districts to provide facilities with local taxes;
    3. The adequacy of satisfactory facilities within feasible transportation distances of children within a school district or county; and
    4. The relative debt service obligations of districts in proportion to the statutory limitations on bonded indebtedness of school districts.

History. Acts 1955, No. 88, § 3; A.S.A. 1947, § 80-142; Acts 2009, No. 1473, § 3.

Amendments. The 2009 amendment substituted “Commission for Arkansas Public School Academic Facilities and Transportation” for “State Board of Education” in (a).

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-11-117. Copies of documents as evidence.

Copies of any papers or documents on file in the office of the Commissioner of Elementary and Secondary Education authenticated by him or her with the seal of the State Board of Education shall be admissible in evidence with the same effect as the original.

History. Acts 1931, No. 169, § 26; Pope's Dig., § 11465; A.S.A. 1947, § 80-121; Acts 1987, No. 771, § 10; 1999, No. 1323, § 15; 2019, No. 910, § 1101.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

Research References

Ark. L. Rev.

Documentary Evidence — Arkansas, 15 Ark. L. Rev. 79.

6-11-118. [Repealed.]

Publisher's Notes. This section, concerning the Office of Rural Services, was repealed by Acts 2007, No. 1573, § 43. The section was derived from Acts 1981, No. 682, §§ 1-4; A.S.A. 1947, §§ 80-5401 — 80-5404; Acts 1995, No. 1296, § 13; 1999, No. 1078, § 3; 2005, No. 2190, § 2.

6-11-119. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2017, No. 745, § 7, effective August 1, 2017, superseded the amendment of this section by Acts 2017, No. 565, § 2, effective March 22, 2017. Acts 2017, No. 565, § 2, substituted “Department of Higher Education under § 6-51-601 et seq.” for “State Board of Private Career Education” in subdivision (c)(2).

Publisher's Notes. This section, concerning correspondence courses, was repealed by Acts 2017, No. 745, § 7. The section was derived from Acts 1963, No. 516, §§ 1-3; A.S.A. 1947, §§ 80-143 — 80-145; Acts 1999, No. 1124, § 1; 2005, No. 1994, § 60; 2017, No. 565, § 2.

6-11-120. Educational programs for children in institutions.

  1. The State Board of Education is authorized to provide supervision, accreditation, and other services essential to the development of desirable educational programs for children at the elementary and secondary levels who are residents in institutions under the control of a public board or commission.
  2. The State Board of Education at its discretion may enter into formal contracts or other agreements with publicly controlled institutions or with local school district boards for the purpose of serving the educational needs of children resident in such institutions or local school districts.
  3. The State Board of Education is authorized to take any and all action necessary to qualify children resident in such institutions or school districts for all benefits available under the provisions of Pub. L. No. 89-10, as amended by Pub. L. No. 89-313 and Pub. L. No. 89-750.
  4. Authorizations contained in this section shall include any subsequent amendments which may be enacted by the United States Congress, provided the amendments are not in conflict with the Arkansas Constitution or statutes of the State of Arkansas.

History. Acts 1968 (1st Ex. Sess.), No. 67, §§ 1-4; A.S.A. 1947, §§ 80-146 — 80-149.

U.S. Code. Pub. L. No. 89-10, the Elementary and Secondary Education Act of 1965, as amended by Pub. L. No. 89-313 and Pub. L. No. 89-750, may be found throughout Title 20 of the U.S. Code.

6-11-121, 6-11-122. [Repealed.]

Publisher's Notes. Former §§ 6-11-121 and 6-11-122, concerning the National Migrant Student Record Transfer System and the publication of public school laws and an advisory committee, were repealed by Acts 1999, No. 100, §§ 2, 3. The sections were derived from the following sources:

6-11-121. Acts 1977, No. 262, § 1; A.S.A. 1947, § 80-159.

6-11-122. Acts 1985, No. 963, §§ 1, 2; A.S.A. 1947, §§ 80-160, 80-161.

6-11-123. [Repealed.]

Publisher's Notes. This section, concerning free railroad passes for the Superintendent of Public Instruction, was repealed by Acts 1993, No. 294, § 4. The section was derived from Acts 1907, No. 233, § 2.

6-11-124. Statewide computer network.

    1. Acts 1991, No. 1034, authorizes the Board of Trustees of the Arkansas Teacher Retirement System to provide a loan to the Department of Education, now known as the “Division of Elementary and Secondary Education”, for a statewide computer system capable of linking all public school systems and the division.
    2. In order to provide alternatives to accomplish the purposes of Acts 1991, No. 1034, the department, now division, is hereby authorized to enter into a contractual agreement with IMPAC Learning Systems, Inc., for the development of a statewide computer system capable of linking all public school systems and the department, now division, from funds provided by a loan from the Arkansas Teacher Retirement System.
  1. The State Board of Education shall maintain oversight authority over the approval of all standards, procedures, and specifications determined by the department, now division, regarding the purchase or lease of the statewide computer network in addition to maintaining oversight authority over the operational aspects of the system.
  2. The Commissioner of Elementary and Secondary Education may request from the Chief Fiscal Officer of the State a transfer of appropriation authorized for school district management and statewide data collection by the General Assembly to any other line item appropriation authorized for the department, now division, for the same purpose.

History. Acts 1992 (1st Ex. Sess.), No. 4, §§ 1-4; 1999, No. 98, § 1; 2005, No. 1936, § 3; 2009, No. 376, § 5; 2019, No. 910, § 1102.

A.C.R.C. Notes. Acts 1991, No. 1034, § 1, as amended by Acts 1995, No. 1357, § 1, provided:

“(a) The Board of Trustees of the Arkansas Teacher Retirement System is authorized to loan to the Department of Education, from the Teacher Retirement Trust Fund, sufficient funds not to exceed twenty-five million dollars ($25,000,000) for a state-wide computer system capable of linking all public school systems and the State Department of Education.

“(b) Such loan shall be under the terms as agreed upon by the Board of Trustees of the Arkansas Teacher Retirement System and the State Board of Education, with repayment of principal and interest to begin on July 1, 1997. Interest for the loan shall be at the rate of eight percent (8%).

“(c) The Department of Education shall determine the specifications for the computer system to be purchased with the loan.”

Amendments. The 2009 amendment, in (c), substituted “Commissioner of Education” for “director” and made a minor stylistic change.

The 2019 amendment inserted “now known as the Division of Elementary and Secondary Education” in (a)(1); inserted “now division” in (a)(2) twice and in (b) and (c); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c).

6-11-125. Legislative intent regarding information technology.

  1. The General Assembly finds that the State of Arkansas has provided the encouragement and the financial means to build a foundation for an information technology network linking local school districts and the Division of Elementary and Secondary Education. The General Assembly further finds that the amount of information that local school districts and their personnel are required to furnish the division, while essential, has become increasingly burdensome. The General Assembly therefore expresses its intent and commitment to ensuring that the division utilizes and continually upgrades to the fullest extent possible the information technology network linking the various school districts and the division.
  2. [Repealed.]

History. Acts 1997, No. 249, §§ 1, 2; 1999, No. 1323, § 16; 2019, No. 315, § 185; 2019, No. 757, § 1; 2019, No. 910, § 1103.

A.C.R.C. Notes. The repeal of (b) by Acts 2019, No. 757 supersedes the amendments of § 6-11-125(b) by Acts 2019, No. 315 and Acts 2019, No. 910.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b).

The 2019 amendment by No. 757 repealed (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” three times in (a) and twice in (b).

6-11-126. [Repealed.]

A.C.R.C. Notes. Former § 6-11-126 was codified as § 6-11-125(b) in 1999.

The repeal of § 6-11-126 by Acts 2019, No. 757 supersedes the amendment of this section by Acts 2019, No. 910.

Publisher's Notes. This section, concerning computer funds approval, was repealed by Acts 2019, No. 757, § 2, effective July 24, 2019. The section was derived from Acts 1997, No. 1362, § 26; 1999, No. 1429, § 23; 2019, No. 910, § 1104.

6-11-127. School district boundaries.

The Arkansas Geographic Information Systems Office shall keep for the Commissioner of Elementary and Secondary Education a map showing the school districts with their boundaries.

History. Acts 1999, No. 1078, § 4; 2019, No. 757, § 3.

A.C.R.C. Notes. Former § 6-11-127 was codified as § 6-11-126 in 1999.

Amendments. The 2019 amendment substituted “Arkansas Geographic Information Systems Office” for “Commissioner of Education” and “for the Commissioner of Elementary and Secondary Education” for “records showing descriptions of each school district in the state”; and deleted “the location of the schoolhouses, and the electoral zones, if any, into which each school district has been divided” following “boundaries”.

6-11-128. Arkansas Public School Computer Network — Definitions.

    1. As used in this section:
      1. “Arkansas Public School Computer Network” or “APSCN” means the Division of Elementary and Secondary Education's computer network system for public school district reporting of financial management data and student management data to the Division of Elementary and Secondary Education; and
      2. “Public school district” means a public school district, education service cooperative, or open-enrollment public charter school.
    2. All public school districts shall, as a minimum, use the following financial management systems applications of the Arkansas Public School Computer Network:
      1. Fund accounting, including all activity funds;
      2. Budget preparation;
      3. Human resources;
      4. Fixed assets;
      5. Attendance;
      6. Discipline;
      7. Mark reporting;
      8. Medical; and
      9. Scheduling.
  1. The Division of Elementary and Secondary Education shall implement the use of policies, procedures, and personnel to provide for data quality and security with the Arkansas Public School Computer Network, including without limitation the following:
    1. Periodically conducting a thorough security review and security risk assessment for all information, including without limitation personally identifiable employee and student information, that originates in the school districts and terminates on the Division of Information Systems and Arkansas Public School Computer Network servers;
    2. Creating security plans, policies, and procedures;
    3. Monitoring the mechanism for the network's end-to-end, enterprise-wide financial and student information systems;
    4. Creating and maintaining a process for documenting and monitoring the quality of data from its source of entry into the network to any educational data repository in the Division of Elementary and Secondary Education;
    5. Establishing standards and monitor compliance with standards for all software and data testing in the Arkansas Public School Computer Network; and
    6. Developing a data quality metrics program designed to significantly reduce the number of data errors within the Arkansas Public School Computer Network's applications and data warehouse and provide reports on code changes and time availability of information, including without limitation:
      1. The number of code changes made in mid-year;
      2. The percent of prime time availability of all applications that feed data into the network and data warehouse;
      3. The percent of time availability of each school district server and local area network for use with the Arkansas Public School Computer Network's availability;
      4. Corrective actions taken on the Arkansas Public School Computer Network's applications and data warehouse;
      5. Preventive actions taken to avoid downtime and data errors;
      6. Cycle data tardiness; and
      7. Number of data corrections made during each cycle submission.
      1. The Division of Elementary and Secondary Education shall:
        1. Collect data from public school districts on full-time equivalents and average teachers' salaries by July 31 of each year;
        2. Collect actual revenue and expenditure data not later than August 31 of each year; and
        3. Require budget reporting not earlier than September 30 of each year.
      2. The Arkansas Public School Computer Network shall have the programs necessary to collect the data in this subdivision (c)(1) available to each public school district at least fifteen (15) days before the date a public school district is required to submit the data.
      1. The Division of Elementary and Secondary Education shall release monthly from the Arkansas Public School Computer Network selected financial and student management data submitted by public school districts for the previous month.
      2. The General Assembly and the Division of Elementary and Secondary Education shall determine by mutual agreement what financial and student management data will be selected for the monthly release.
      3. The Division of Elementary and Secondary Education shall make the information available to the General Assembly in the Arkansas Public School Computer Network data warehouse by the tenth business day of each month.

History. Acts 2003, No. 1097, § 1; 2003, No. 1769, § 1; 2007, No. 617 § 3; 2007, No. 723, § 1; 2007, No. 724, § 1; 2009, No. 1463, § 1; 2017, No. 745, §§ 8, 9; 2019, No. 832, § 1; 2019, No. 910, §§ 1105-1110.

A.C.R.C. Notes. Acts 2003, No. 1097, § 1 and No. 1769, § 1, were identical and both enacted this section.

Publisher's Notes. Former § 6-11-128 was identical to present § 6-11-126 and has been merged with that section.

Amendments. The 2009 amendment rewrote (d)(1)(B).

The 2017 amendment repealed former (b) and (c)(6).

The 2019 amendment by No. 832 redesignated part of (a)(1) as (a)(1)(A); added (a)(1)(B); substituted “public school districts shall” for “school districts and education service cooperatives shall” in (a)(2); and added (a)(2)(E) through (a)(2)(I).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education’s” for “Department of Education's” in (a)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; substituted “the Division of Information Systems” for “Department of Information Systems” in (b)(1); deleted “Beginning with the 2007-2008 school year” from the beginning of (c)(1)(A); and deleted “Beginning with the 2008-2009 school year” from the beginning of (c)(2)(A).

6-11-129. Data to be accessible on website.

    1. Each school district shall make the following information and data easily identified on its website or the website of the school district's education service cooperative, if the education service cooperative maintains the school district's website:
      1. Current comprehensive financial data reports for school districts, including:
        1. Local and state revenue sources;
        2. Administrator and teacher salary and benefit expenditure data;
        3. School district balances, including legal balances and building fund balances;
        4. Minutes of regular and special meetings of the school district board of directors;
        5. The school district budget for the ensuing year, which shall be posted on the website within thirty (30) days following the date required to be submitted to the Division of Elementary and Secondary Education;
        6. A financial breakdown of monthly expenses of the school district;
        7. Salary schedules for all employees, including extended contract and supplementary pay amounts;
        8. Current contract information with all school district employees, except that Social Security numbers, telephone numbers, personal addresses, or signatures shall not be published;
        9. The annual budget of the school district; and
        10. The annual school district statistical report; and
      2. Each school district's personnel policies required under § 6-17-201 et seq. and § 6-17-2301 et seq.
    2. Information and data required to be made available and easily accessible on the school district's website under this section shall:
      1. Be easily accessible through the homepage of the website under a link titled “State-Required Information” to a page on the website where the information may be found; and
      2. Consist of the actual data for the two (2) previous school years and the projected budgeted information for the current school year.
      1. A direct link to the information required in this section shall be easily identifiable on the homepage of the website under a link titled “State-Required Information” to a page on the website where the information may be found.
      2. Under the State-Required Information link, the school district shall subdivide the information by the categories of the information.
  1. The division shall make the information and data required by this section available and easily accessible on the division's website by including direct links to the websites of all Arkansas school districts.

History. Acts 2003, No. 1802, § 1; 2003 (2nd Ex. Sess.), No. 50, § 1; 2005, No. 2121, § 2; 2007, No. 54, § 1; 2007, No. 617, § 4; 2007, No. 1573, §§ 1, 48; 2009, No. 1180, § 1; 2011, No. 989, § 2; 2013, No. 228, §§ 1, 2; 2019, No. 910, §§ 1111, 1112.

A.C.R.C. Notes. Acts 2007, No. 1573, § 1 amended § 6-11-129(b) while Acts 2007, No. 1573, § 48 repealed § 6-11-129(b). This section has been set out above to reflect the repeal of subsection (b) by Acts 2007, No. 1573, § 48. As amended by Acts 2007, No. 1573, § 1, subsection (b) read: “By December 31 of each year, the Department of Education shall provide a written report to the House Interim Committee on Education and the Senate Interim Committee on Education listing those school districts that are not in compliance with this section.”

Amendments. The 2009 amendment inserted “or the website of the school district's education service cooperative, if the education service cooperative maintains the school district's website” in the introductory language of (a)(1); inserted “expenditure” in (a)(1)(A)(ii); rewrote (a)(1)(A)(iv) through (a)(1)(A)(vi); inserted (a)(1)(A)(vii) through (a)(1)(A)(x); deleted (a)(1)(C) and (a)(1)(D); deleted “on the department's website” at the end of (b); and made related and minor stylistic changes.

The 2011 amendment added “and § 6-17-2301 et seq.” at the end of (a)(1)(B).

The 2013 amendment rewrote (a)(2); and added (a)(3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A)(v); and, in (b), substituted “division” for “department” and “division’s” for “department’s”.

6-11-130. [Repealed.]

Publisher's Notes. This section, concerning custodial and maintenance care for school facilities, was repealed by Acts 2005, No. 1426, § 6. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 87, § 1.

6-11-131. [Repealed.]

Publisher's Notes. This section, concerning divisions of the Department of Education, was repealed by Acts 2017, No. 745, § 10. The section was derived from Acts 2005, No. 1672, § 3; 2006 (1st Ex. Sess.), No. 32, § 1; 2006 (1st Ex. Sess.), No. 33, § 1.

6-11-132. Financial impact statements for administrative rules.

  1. The State Board of Education and the Career Education and Workforce Development Board shall promulgate their rules as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  2. The scope of the financial impact statement shall be as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall include without limitation a public school district's estimated cost to comply with and implement the rule.

History. Acts 2006 (1st Ex. Sess.), No. 38, § 1; 2007, No. 827, § 113; 2013, No. 759, § 1.

Amendments. The 2013 amendment rewrote the section.

Subchapter 2 — Career Education and Workforce Development Board

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-11-201. Director of the Division of Career and Technical Education.

    1. The Director of the Division of Career and Technical Education, or a disbursing agent designated by him or her and approved by the State Board of Education, shall give bond to the State of Arkansas as provided by law for other disbursing agents conditioned for the faithful performance of his or her duties and the faithful accounting for all the school money of the state, of any county, or of any school district that may come into his or her hands.
    2. The bond shall be in a solvent surety company having a right to do business in the State of Arkansas and shall be approved by the board.
    3. The premium on the bond shall be paid by the board as one of the expenses of the board.
  1. The state shall furnish the director with suitable offices.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 910, § 1113.

Amendments. The 2011 amendment substituted “Career” for “Workforce” in the section head and twice in (a)(1); and deleted “and Career Opportunities” preceding “shall give” in (a)(1).

The 2019 amendment, in (a)(1), substituted “Division of Career and Technical Education” for “Department of Career Education”, and “State Board of Education” for “Career Education and Workforce Development Board”.

6-11-202. Records of proceedings.

The Career Education and Workforce Development Board shall keep in the office of the Director of the Office of Skills Development a complete record of the minutes of its meetings and other proceedings.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 910, § 136.

Amendments. The 2011 amendment substituted “Career” for “Workforce” twice and deleted “and Career Opportunities” preceding “shall keep.”

The 2019 amendment substituted “Director of the Office of Skills Development” for “Director of the Department of Career Education”.

6-11-203. Vocational education.

The Career Education and Workforce Development Board shall have general supervision of vocational education in the state and shall administer and apportion any funds that come to the state for that purpose.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1.

Amendments. The 2011 amendment substituted “Career” for “Workforce” and deleted “and Career Opportunities” preceding “shall have.”

6-11-204. Official seal — Copies of documents as evidence.

  1. The Career Education and Workforce Development Board shall adopt a seal, and the seal shall be used by the Director of the Office of Skills Development to authenticate documents or copies of documents as the board or director considers advisable.
  2. Copies of any papers or documents on file in the offices of the director authenticated by him or her with the seal of the board shall be admissible in evidence with the same effect as the original.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 910, § 137.

Amendments. The 2011 amendment, in (a), substituted “Career” for “Workforce” twice and deleted “and Career Opportunities” preceding “shall adopt.”

The 2019 amendment substituted “Director of the Office of Skills Development” for “Director of the Department of Career Education” in (a).

6-11-205. Federal aid — Acceptance and distribution generally.

    1. The General Assembly accepts all federal aid to education that may be provided by the United States Congress.
    2. The Career Education and Workforce Development Board is designated as the state educational authority to represent the state in the administration of funds provided by the United States Congress.
    3. The board may promulgate rules as are necessary on the part of the state to meet any requirement of the United States Government in the distribution of federal aid.
    4. The board shall provide for the proper auditing and accounting of all federal funds and for making all necessary reports regarding the expenditures of the federal funds.
    5. The board shall perform other functions as may be prescribed by the act providing aid.
  1. The Treasurer of State is designated to serve as trustee for such funds as may be apportioned to the State of Arkansas in this connection.
  2. The funds shall be disbursed according to the federal act allocating them.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 315, § 186.

Amendments. The 2011 amendment, in (a)(2), substituted “Career” for “Workforce” and deleted “and Career Opportunities” preceding “is designated”; and substituted “any requirement” for “any and all requirements” in (a)(3).

The 2019 amendment substituted “rules” for “regulations” in (a)(3).

6-11-206. Federal aid — Receipt and administration for school facilities.

The Career Education and Workforce Development Board is designated to receive and administer any federal funds made available to this state to assist local school districts in providing elementary and secondary school facilities for vocational and adult education programs.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1.

Amendments. The 2011 amendment substituted “Career” for “Workforce” and deleted “and Career Opportunities” preceding “is designated.”

6-11-207. Power to make plans coordinating state and federal laws.

The Career Education and Workforce Development Board may make plans and rules as are necessary in order for this state to meet the requirements of any law enacted by the United States Congress for vocational-technical education or any supplementary federal regulations pertaining to that legislation.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 315, § 187.

Amendments. The 2011 amendment substituted “State Board of Career Education” for “State Board of Workforce and Career Opportunities.”

The 2019 amendment substituted “and rules” for “rules, and regulations”.

6-11-208. Regional Educational Career Alternative School System for Adjudicated Youth — Multiagency task force — Formation.

    1. A multiagency task force, staffed and supported by the Division of Career and Technical Education, is established and shall consist of five (5) members, including:
      1. The Commissioner of Elementary and Secondary Education or his or her designee;
      2. The Director of the Division of Career and Technical Education or his or her designee;
      3. The Director of the Division of Higher Education or his or her designee;
      4. The Secretary of the Department of Human Services or his or her designee; and
      5. The Director of the Division of Workforce Services or his or her designee.
    2. Funding for the multiagency task force shall be provided by:
      1. The Division of Career and Technical Education; or
      2. Each agency that serves on the multiagency task force, in an equal amount from available, eligible funding.
    3. The multiagency task force shall:
      1. Establish criteria and standards for a career-based curriculum to be offered in the Regional Educational Career Alternative School System for Adjudicated Youth;
      2. Formulate and recommend how to operate a Regional Educational Career Alternative School System for Adjudicated Youth; and
      3. Strive to open at least one (1) Regional Educational Career Alternative School for Adjudicated Youth in the 2013-2014 school year, upon the availability of funding.
    4. Beginning on October 1, 2011, the multiagency task force shall provide status reports to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth one (1) time each quarter.
  1. The Regional Educational Career Alternative School System for Adjudicated Youth may consist of at least one (1) but not more than five (5) Regional Educational Career Alternative Schools for Adjudicated Youth.
  2. A Regional Educational Career Alternative School for Adjudicated Youth shall offer without limitation:
    1. At least the minimum twenty-two-credit curriculum required to obtain a diploma;
    2. Vocational education and certificates;
    3. Career education services, including a high school equivalency test;
    4. Special education services; and
    5. Support services.

History. Acts 2011, No. 1202, § 1; 2015, No. 1115, § 2; 2019, No. 910, § 1114.

Amendments. The 2015 amendment substituted “a high school equivalency test” for “the General Educational Development Test” in (c)(3).

The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” throughout (a); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1)(A); substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1)(C); substituted “Secretary” for “Director” in (a)(1)(D); substituted “Division of Workforce Services” for “Department of Workforce Services” in (a)(1)(E); and added “from available, eligible funding” in (a)(2)(B).

6-11-209. Additional truancy officers — Definition.

  1. As used in this section, “school district with a high dropout rate” means an Arkansas school district:
    1. That has the most statistically significant rate of dropouts;
    2. From which students may enroll in a regional community alternative learning environment center; and
    3. That is contiguous to other school districts that meet the criteria under subdivisions (a)(1) and (2) of this section.
  2. An education service cooperative may receive funding from a local law enforcement agency, a state agency, or a federal agency, or from private donations, to employ one (1) or more truancy officers for a school district with a high dropout rate.
  3. An education service cooperative may employ under this section:
    1. One (1) truancy officer for each school district with a high dropout rate in its service area that has a student population of one thousand (1,000) or fewer students; and
    2. Two (2) truancy officers for each school district with a high dropout rate in its service area that:
      1. Is a countywide school district; or
      2. Has a student population of more than one thousand (1,000) students.
  4. A truancy officer hired under this section shall complete:
    1. The training requirements for juvenile intake and probation officer certification through the Administrative Office of the Courts; and
    2. Twelve (12) hours of continuing education annually as approved by the judge for the juvenile division of the circuit court for the county the truancy officer serves.

History. Acts 2013, No. 1481, § 2.

A.C.R.C. Notes. Acts 2013, No. 1481, § 1, provided:

“The General Assembly finds that:

“(1) A regional community alternative learning environment center is a nonresidential school that serves students with educational limitations and deficiencies who are not currently served or are underserved by the students' resident school districts;

“(2) The students served by a regional community alternative learning environment center:

“(A) Come from high-priority school districts:

“(i) With the most statistically significant dropout rates; and

“(ii) That because of high rates of poverty and a tax base that is continually eroded by a declining population, do not have funds for additional truancy officers to ensure the attendance of students at a regional community alternative learning environment center; and

“(B) Often have a family that provides insufficient support for good school attendance; and

“(3) By providing additional truancy officers for these school districts, the state helps to provide these students with the opportunity to:

“(A) Be successful in school and become prepared for gainful employment or completion of a certification in a career or vocational area of study; and

“(B) Strengthen family relationships by enabling the student to reside at home.”

6-11-210. Transportation funding for students attending a regional community alternative learning environment center.

    1. As funding is available, the Department of Education may provide transportation funding aid to school districts that transport students to a regional community alternative learning environment center that serves three (3) or more contiguous counties in which the most recent census indicates:
      1. High rates of poverty; or
      2. Declining population.
    2. The school may also receive funding for transportation under this section from other state agencies, federal agencies, or from private donations.
  1. A school district may use the state categorical funding it receives under § 6-20-2305(b)(4) to provide transportation for students who reside in the school district to attend a regional community alternative learning environment center.

History. Acts 2013, No. 1482, § 2.

A.C.R.C. Notes. Acts 2013, No. 1482, § 1, provided:

“The General Assembly finds that:

“(1) A regional community alternative learning environment center is a nonresidential school that serves students with educational limitations and deficiencies who are not currently served or are underserved by the students' resident school districts;

“(2) The students served by a regional community alternative learning environment center come from school districts that have high rates of poverty and in which the tax base for the school districts is progressively eroded by a declining population; and

“(3) By providing transportation funding aid to the school districts to transport students to a regional community alternative learning environment center, the state provides these students with the opportunity to:

“(A) Be successful in school and become prepared for gainful employment or completion of training and certification in a career or vocational area of study; and

“(B) Strengthen family relationships by enabling the student to reside at home.”

Chapter 12 County Boards of Education

Subchapter 1 — General Provisions

6-12-101 — 6-12-111. [Repealed.]

Publisher's Notes. Sections 6-12-101 — 6-12-111, concerning creation of boards in counties with fewer than five school districts, candidates, zones, oath, organization, meetings, schools under board supervision, superintendent, powers and duties, purchase of government property, appeal, and bond, were repealed by Acts 1999, No. 1078, §§ 5-15, effective July 1, 2000. The sections were derived from the following sources:

6-12-101. Acts 1941, No. 327, §§ 1, 5, 9; 1953, No. 229, § 1; A.S.A. 1947, §§ 80-201, 80-205, 80-211; Acts 1993, No. 202, § 1.

6-12-102. Acts 1983, No. 557, § 1; A.S.A. 1947, § 80-203.1; Acts 1993, No. 294, § 5.

6-12-103. Acts 1941, No. 327, § 4; A.S.A. 1947, § 80-204; Acts 1993, No. 202, § 2.

6-12-104. Acts 1941, No. 327, § 3; 1949, No. 146, § 4; 1953, No. 229, § 2: A.S.A. 1947, § 80-203, 80-232.

6-12-105. Acts 1941, No. 327, § 7; A.S.A. 1947, § 80-209.

6-12-106. Acts 1941, No. 327, § 8; A.S.A. 1947, § 80-210; Acts 1993, No. 294, § 5.

6-12-107. Acts 1941, No. 327, § 10; A.S.A. 1947, § 80-212.

6-12-108. Acts 1941, No. 327, § 2; A.S.A. 1947, § 80-202; Acts 1993, No. 294, § 5.

6-12-109. Acts 1931, No. 169, § 34; Pope's Dig., § 11472; Acts 1941, No. 327, § 11; 1981, No. 436, § 2; A.S.A. 1947, §§ 80-213, 80-216; Acts 1993, No. 294, § 5.

6-12-110. Acts 1947, No. 400, § 1; A.S.A. 1947, § 80-214.

6-12-111. Acts 1925, No. 183, §§ 1, 2; A.S.A. 1947, §§ 80-236, 80-237.

6-12-112. [Repealed.]

Publisher's Notes. This section, concerning the audit of school district fiscal affairs, was repealed by Acts 2013, No. 1155, § 3. The section was derived from Acts 1941, No. 327, § 12; A.S.A. 1947, § 80-215; Acts 2005, No. 2190, § 3; 2009, No. 376, § 6.

6-12-113. [Repealed.]

Publisher's Notes. This section, concerning opportunity schools, was repealed by Acts 1993, No. 294, § 5. The section was derived from Acts 1931, No. 249, §§ 1, 2; Pope's Dig., §§ 11645, 11646; A.S.A. 1947, §§ 80-227, 80-228.

6-12-114 — 6-12-116. [Repealed.]

Publisher's Notes. These sections, concerning the county boards of education, were repealed by Acts 2013, No. 1155, §§ 4-6. The sections were derived from the following sources:

6-12-114. Acts 1999, No. 1078, § 90; 2001, No. 1036, § 2; 2005, No. 2190, § 4.

6-12-115. Acts 1999, No. 1078, § 91.

6-12-116. Acts 2001, No. 1036, § 4; 2005, No. 2190, § 5.

Subchapter 2 — County School Supervisor

6-12-201 — 6-12-209. [Repealed.]

Publisher's Notes. This subchapter, concerning county school supervisor, was repealed by Acts 1999, No. 1078, §§ 16-24. The subchapter was derived from the following sources:

6-12-201. Acts 1941, No. 327, § 13; 1949, No. 146, § 3; 1977, No. 46, §§ 1, 2; A.S.A. 1947, §§ 80-217, 80-231; Acts 1993, No. 294, § 5.

6-12-202. Acts 1941, No. 327, § 17; A.S.A. 1947, § 80-220.

6-12-203. Acts 1941, No. 327, § 14; A.S.A. 1947, § 80-218.

6-12-204. Acts 1941, No. 327, § 18; A.S.A. 1947, § 80-225.

6-12-205. Acts 1941, No. 327, §§ 12, 18; 1949, No. 146, §§ 6, 7; A.S.A. 1947, §§ 80-215, 80-225, 80-233, 80-234.

6-12-206. Acts 1931, No. 169, § 39; A.S.A. 1947, § 80-226.

6-12-207. Acts 1941, No. 327, §§ 15, 17; 1949, No. 146, §§ 1, 2; A.S.A. 1947, §§ 80-220, 80-229, 80-230; Acts 1993, No. 470, § 2; 1995, No. 1296, § 14.

6-12-208. Acts 1941, No. 327, § 15; A.S.A. 1947, § 80-219.

6-12-209. Acts 1957, No. 159, § 1; 1975, No. 272, §§ 1, 2; 1975, No. 478, §§ 1, 2; A.S.A. 1947, §§ 80-235, 80-235.2.

Subchapter 3 — Rights and Duties

Effective Dates. Acts 2005, No. 2190, § 24: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the services of the county boards of education are no longer needed by the school districts; that there will be no funding available for the operation of the county boards of education; and that this act is immediately necessary because county boards of education need sufficient authority to transfer functions, duties, and records prior the end of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-12-301 — 6-12-314. [Repealed.]

Publisher's Notes. These sections, concerning the creation, membership characteristics, membership oaths, meetings, organization, powers, duties, appeal, bond, credentials of county boards of education and the duties, salary, restrictions and office of county school supervisors and county board of education designees, were repealed by Acts 2005, No. 2190, §§ 6-19, effective July 1, 2005, by its own terms. The sections were derived from Acts 2001, No. 1036, § 3.

6-12-315. [Repealed.]

Publisher's Notes. This section, concerning school district coordinator, was repealed by Acts 2015, No. 1276, § 1. The section was derived from Acts 2005, No. 1159, § 1; 2013, No. 958, § 1.

6-12-316. [Repealed.]

Publisher's Notes. This section, concerning salary and allowances of the school district coordinator, was repealed by Acts 2017, No. 196, § 1. The section was derived from Acts 2005, No. 1159, § 1.

6-12-317. [Repealed.]

Publisher's Notes. This section, concerning the county boards of education being abolished, was repealed by Acts 2019, No. 692, § 2, effective July 24, 2019. The section was derived from Acts 2005, No. 2190, § 20.

Chapter 13 School Districts

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 20 et seq.

C.J.S. 78 C.J.S., Schools, § 14 et seq.

Case Notes

Legislative Control.

Legislative control over the creation and boundaries of school districts is plenary and subject only to the limitation that legislative action shall not impair the contracts or obligations of districts. Hughes v. Robuck, 119 Ark. 592, 179 S.W. 163 (1915).

Subchapter 1 — General Provisions

Cross References. Exemption of realty owned by school districts from adverse possession, § 22-1-204.

Local government reserve funds, § 14-73-101 et seq.

Tort liability immunity, § 21-9-301 et seq.

Effective Dates. Acts 1929, No. 139, § 2: approved Mar. 14, 1929. Emergency declared.

Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1969, No. 83, § 4: Feb. 21, 1969. Emergency clause provided: “It is hereby found by the General Assembly that the various boards of the public school districts of this State are vested with responsibility of managing the affairs of school districts; that due to the high turnover in school board membership positions it is essential that every effort be made to inform school board members of their respective duties, to enable school board members to keep informed on school problems in this State and to enable school boards throughout the State to cooperate in the coordination of the public school system of the State of Arkansas; and, that the immediate passage of this act is necessary to enable the school district to pay reasonable dues to a nonprofit association of school board officials established to accomplish the aforementioned objectives. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 363, § 6: Mar. 6, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that if a school district takes property for school use by exercise of the power of eminent domain and subsequently the school for which the property was acquired is closed, fairness and equity demands that the former owner of the property from whom the district acquired title by eminent domain should have the option to repurchase the property from the district for the amount the district paid for the property when it acquired it by exercise of the power of eminent domain; that this act is designed to grant such option and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2015, No. 560, § 8: Mar. 20, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public school choice is effective in meeting the needs of students; that the current school choice provisions are about to expire; and that this act is immediately necessary to ensure that students have public school choice options for the 2015-2016 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-101. Only one kind of school district.

  1. There shall be only one (1) kind of school district in this state, and each shall have the same prerogatives, powers, duties, and privileges as herein set forth.
  2. All school districts which may be hereafter created shall be the same kind, with the same prerogatives, powers, duties, and privileges as provided by law.

History. Acts 1931, No. 169, § 43; Pope's Dig., § 11476; A.S.A. 1947, § 80-401; Acts 1993, No. 294, § 6.

Case Notes

Department of Correction District.

The Department of Correction is authorized to offer both general education and vocational education experiences for its student population; the fact that the Department's students are awarded a GED or receive vocational-technical training does not negate the Department's responsibility to operate under the law as a publicly supported school district. Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

The Department of Correction school district is a part of the State's public school system and subject to provisions of Teacher Fair Dismissal Act, § 6-17-1501 et seq.Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

Sovereign Immunity.

Arkansas case law holding that school districts are not arms of the state government is still good law; this section and § 6-13-102 show the General Assembly's intent that school districts are body corporates and are not entitled to assert sovereign immunity. Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

6-13-102. Body corporate — Name.

  1. Each school district in the state shall be a body corporate, may contract and be contracted with, and may sue and be sued in its corporate name, which shall be the name it now has unless changed by the State Board of Education.
  2. A certificate showing the name authenticated by the state board shall be filed with the county clerk of the county or of each county in which there is any territory of the school district and by him or her inscribed in a book kept by him or her for that purpose.
  3. A school district may acquire and hold real estate and other classes of property.

History. Acts 1931, No. 169, § 57; Pope's Dig., § 11490; A.S.A. 1947, § 80-402; Acts 1999, No. 1078, § 25; 2013, No. 1155, § 7.

Amendments. The 2013 amendment deleted former (b), deleted “all” preceding “other classes” in (c) and redesignated the remaining subsections accordingly.

Research References

Ark. L. Rev.

Torts — Sovereign Immunity — School District Immunity Abolished, 15 Ark. L. Rev. 202.

Hall v. University of Nevada: Sovereign Immunity and the Transitory Action, 27 Ark. L. Rev. 546.

Case Notes

In General.

Although there are exceptions, school districts are generally considered creatures of the state and may not avail themselves of all constitutional safeguards. Delta Special Sch. Dist. No. 5 v. State Bd. of Educ., 745 F.2d 532 (8th Cir. 1984).

Contracts.

School districts are creatures of the statute, may act only through a board of directors, and are bound by all lawful contracts into which they may enter. F. E. Compton & Co. v. Greenwood School Dist., 203 Ark. 935, 159 S.W.2d 721 (1942).

School district was not liable on contracts not ratified by school board. F. E. Compton & Co. v. Greenwood School Dist., 203 Ark. 935, 159 S.W.2d 721 (1942).

Designation of District.

Although former version of statute provided that school district should be designated “No. —,” a school district could be numbered by the letters of the alphabet instead of by figures. Bonner v. Snipes, 103 Ark. 298, 147 S.W. 56 (1912) (decision under prior law).

Suits.

A school district is a corporation and may sue in any of the courts of the state having competent jurisdiction. Clarke v. School Dist., 84 Ark. 516, 106 S.W. 677 (1907) (decision under prior law).

Arkansas case law holding that school districts are not arms of the state government is still good law; § 6-13-101 and this section show the General Assembly's intent that school districts are body corporates and are not entitled to assert sovereign immunity. Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

Cited: Muse v. Prescott Sch. Dist., 233 Ark. 789, 349 S.W.2d 329 (1961).

6-13-103. Power of eminent domain — Repurchase by former owner.

  1. 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.
  2. 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.
      1. 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 last fifteen (15) years.
      2. If the property was acquired by the school district more than fifteen (15) years before the closing of the school, the previous owner shall be entitled to repurchase the property from the school district at fair market value.
    1. Any person who has the option to repurchase property from a school district under subdivision (c)(1) of this section shall notify the school district of its desire to repurchase the property and exercise the option within one (1) year after the school is closed, and not thereafter.

History. Acts 1931, No. 169, § 58; Pope's Dig., § 11491; A.S.A. 1947, § 80-403; Acts 1991, No. 363, §§ 1, 2.

Case Notes

Compensation.

The owner of lands which were condemned for school purposes was entitled to have his compensation from the time that the district filed its petition to condemn his land. School Dist. v. Smith, 113 Ark. 530, 168 S.W. 1089 (1914) (decision under prior law).

Possession.

Where a school district had condemned lands, the right to the possession of the property became absolute in the district upon the payment of the compensation into court as prescribed by the statute, and when the order of court was made, vesting title in the district, it related back to the date of the filing of the petition for condemnation. School Dist. v. Smith, 113 Ark. 530, 168 S.W. 1089 (1914) (decision under prior law).

Cited: Burton v. Ward, 218 Ark. 253, 236 S.W.2d 65 (1951); Little Rock Sch. Dist. v. Ark. State Bd. of Educ., 902 F.2d 1289 (8th Cir. 1990).

6-13-104. Uncertain boundaries.

  1. When there is a doubt as to the boundaries of a school district because of lost records or other uncertainty, the State Board of Education shall:
    1. Issue an order fixing the boundaries; and
    2. File the order with the:
      1. County clerk of each county where the school district lies;
      2. Secretary of State; and
      3. Arkansas Geographic Information Systems Office.
  2. The county clerk shall make a permanent record of the order.
  3. The school district boundaries fixed under this section shall be the boundaries of the school district until changes are made according to the provisions of law.

History. Acts 1931, No. 169, § 76; Pope's Dig., § 11512; A.S.A. 1947, § 80-425; Acts 1993, No. 294, § 6; 1999, No. 1078, § 26; 2011, No. 989, § 3; 2015, No. 103, § 1.

Amendments. The 2011 amendment subdivided the former section; deleted “county clerk, who shall make a permanent record of the order, and thereafter the” at the end of (a)(2); inserted (a)(2)(A) through (b); in (c), added “The school district” and deleted “and the school district shall be a school district according to the provisions of this act” at the end.

The 2015 amendment inserted “Systems” in (a)(2)(C).

Case Notes

Applicability.

Where there was no evidence that the two disputing school districts even existed in 1931 when this section was enacted, this section was inapplicable. Izard County Bd. of Education v. Violet Hill School Dist. No. 1, 10 Ark. App. 286, 663 S.W.2d 207 (1984).

6-13-105. School district sale of state-donated lands.

  1. Any school district in the State of Arkansas having lands donated and given to it by the State of Arkansas through action of the General Assembly, to be used for sites of schoolhouses, shall:
    1. Have the power of sale of the lands; and
    2. Be enabled to give good and lawful title to the lands.
  2. The proceeds of a sale shall be used entirely and exclusively for school purposes.
  3. The benefits accruing from the sale shall remain within and be applied to the same school district either alone or combined with other school districts of a contiguous nature where the original school district may have been consolidated with other adjoining school districts.

History. Acts 1929, No. 139, § 1; Pope's Dig., § 11728; A.S.A. 1947, § 80-512.

6-13-106. [Repealed.]

Publisher's Notes. This section, concerning districts where no high school is maintained, was repealed by Acts 2007, No. 1573, § 44. The section was derived from Acts 1937, No. 332, § 1; Pope's Dig., § 11727; A.S.A. 1947, § 80-516.

6-13-107. Membership in state association of school board of directors officials.

School districts in this state may voluntarily, at the discretion of the majority vote of the members of the school district board of directors, belong to and pay dues to a nonprofit state association of school board officials established for the purpose of compiling and disseminating information and conducting seminars, workshops, and similar programs designed to inform school district board members of school problems and to enable school district boards of directors to more efficiently perform their respective duties.

History. Acts 1969, No. 83, § 1; A.S.A. 1947, § 80-458.

6-13-108. Sixteenth section school lands.

  1. All lands in this state which are known as sixteenth section school lands and which are the property of the State of Arkansas shall belong to and the title thereto shall vest in the local school districts where the lands are located.
    1. Upon presentation of proof to the Commissioner of State Lands that sixteenth section school land owned by the state is located in a local school district, the school district shall be entitled to a general warranty deed from the Commissioner of State Lands conveying all the right, title, and interest of the State of Arkansas to such land.
    2. In executing the deed, the Commissioner of State Lands shall be governed only by the provisions of this section.
    1. Any local school district having sixteenth section school land conveyed to it by the State of Arkansas through this section shall have authority to sell the land.
    2. The proceeds of such sale shall be used for school purposes.

History. Acts 1997, No. 231, § 1.

A.C.R.C. Notes. The sixteenth section school lands referred to in this section derive from the Land Ordinance of 1785, adopted by the United States Continental Congress on May 20, 1785.

Publisher's Notes. Former § 6-13-108, concerning independent districts in counties of not less than 35,000 but not more than 40,000, was repealed by Acts 1993, No. 294, § 6. The section was derived from Acts 1967, No. 189, § 1; A.S.A. 1947, § 80-457.

Cross References. Board's powers and duties, § 6-13-620.

Board's authority to convey section lands, § 6-13-621.

Sixteenth section school lands, § 22-5-407.

6-13-109. School superintendent — Definition.

  1. The public school districts in the state shall each employ a superintendent of schools, whose qualifications and duties shall be prescribed by the General Assembly and the State Board of Education.
  2. “Superintendent of schools” is defined as the executive officer of a school district board of directors directing the affairs of the school district and teaching not more than one-half (½) of the time in the school day.

History. Acts 1999, No. 1078, § 27.

Publisher's Notes. Former § 6-13-109, concerning municipally owned housing projects declared part of school district, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1953, No. 223, § 1; A.S.A. 1947, § 80-436.

6-13-110. Purchase of government property.

    1. Each local school district board of directors is authorized to make purchases of surplus real and personal property of the government.
    2. Such action may be taken by the local school district board of directors after publication of the intent to make such purchase at least fifteen (15) days before action by the local school district board of directors in a newspaper of general circulation in the county in which the local school district is domiciled.
    1. A local school district may enter into an agreement with one (1) or more other local school districts for the joint purchase of surplus real or personal property of the government.
    2. If such an agreement is reached, each local school district board of directors, having entered such an agreement, must follow the publication requirements in subsection (a) of this section.

History. Acts 1999, No. 1078, § 28.

6-13-111. Consolidated school districts.

  1. A school district in the State of Arkansas that is consolidated with one (1) or more school districts may:
    1. Sell a building or real property owned by the school district that is no longer used by the school district at a fair market value;
    2. Preserve a building or real property owned by the school district that is no longer used by the school district;
    3. Lease a building or real property owned by the school district that is no longer used by the school district; or
    4. Donate a building or real property owned by the school district that is no longer used by the school district as allowed under § 6-21-108(b).
  2. If the school district sells or otherwise disposes of a building or real property to a person or entity under this section, then:
    1. The school district shall have the right of first refusal to purchase or otherwise reacquire the building or real property if the person or entity decides to sell the building or real property; and
    2. The sale price of the building or real property when repurchased or otherwise reacquired by the school district shall not:
      1. Exceed the price that the person or entity paid the school district for the building or real property; and
      2. Include compensation for improvements to the building or real property.
    1. If a school district is unable to secure a purchaser or lessor for an unused building or real property at or near fair market value, a school district shall advertise once per month for three (3) consecutive months the unused building or real property for sale or lease by the school district:
      1. In a newspaper in circulation in the county in which the unused building or real property is located; and
      2. In a newspaper with statewide circulation.
      1. If an acceptable fair market value offer has not been made and accepted by the board of directors of a school district after ninety (90) days from the date of the initial advertisement, the school district board of directors may petition the circuit court in Pulaski County to issue an order declaring that it is in the best interest of the school district to dispose of the building or real property and authorizing:
        1. A bona fide sale or lease offer from a qualified purchaser or lessor, the value of which is less than fair market value; or
        2. A public sale by auction, including the reserve purchase price.
      2. In determining whether it is in the best interest of the school district to dispose of the building or real property, the court may consider factors, including without limitation:
        1. The efforts made by the school district board of directors to market and advertise the unused building or real property; and
        2. The projected cost to the school district of insuring and maintaining the unused building or real property.
    2. The purchase price of a building or real property by judicial order is considered a valid purchase price and may be used to determine the fair market value of unused buildings and real property in other school districts.
  3. The proceeds of the sale or lease of an unused building or real property under this section, excluding expenses, shall be used by the school district for school purposes.

History. Acts 2005, No. 2260, § 1; 2013, No. 318, § 2.

A.C.R.C. Notes. Acts 2013, No. 318, § 1, provided:

“(a) Lack of use or under-utilization of real property as a result of the consolidation of a school district can cause a significant loss of investment to the state and the communities where the real property is located.

“(b) It is in the best interest of the state and the communities where the real property is located to ensure the real property is utilized.”

Amendments. The 2013 amendment substituted “a building or real property” for “buildings or lands” in (a)(1) and (a)(2); added “at a fair market value” at the end of (a)(1); added (a)(3) and (a)(4); substituted “real property” for “land” in the introductory language of (b); inserted “building or” twice in (b)(1), and in the introductory language of (b)(2); inserted “building or real” in (b)(2)(A) and (b)(2)(B); and added (c) and (d).

6-13-112. Responsibilities of the State Board of Education and Commissioner of Education regarding school districts under state authority.

  1. Within ten (10) days of the meeting of the State Board of Education at which the state board assumes authority of a school district or within ten (10) days of the date upon which the Commissioner of Education assumes authority of a school district, the commissioner shall provide the following information to the Chair of the House Committee on Education and the Chair of the Senate Committee on Education:
    1. A clear statement of the reasons the district has been placed under the authority of the state board or the commissioner; and
    2. A clear statement of the steps necessary for the school district to remove itself from the authority of the state board or the commissioner.
    1. Each quarter following the assumption of authority by the state board or commissioner, the commissioner shall provide to the Chair of the House Committee on Education and the Chair of the Senate Committee on Education a status report indicating the progress of the school district toward removing itself from the authority of the state board or the commissioner.
    2. The commissioner also shall provide a copy of the status report required under subdivision (b)(1) of this section to each member of the General Assembly who represents the area in which the school district is located.
  2. A person appointed by the state board or the commissioner to operate a school district under the authority of the state board or the commissioner shall not have previously been an administrator responsible for a school district that was placed in fiscal distress, academic distress, facilities distress, Level 5 — Intensive support, or in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.
    1. After a school district has been under the authority of the state board or the commissioner for two (2) consecutive school years, the commissioner shall:
      1. Conduct a review of each person appointed by the state board or commissioner to operate the school district;
      2. Determine whether the person has made satisfactory progress toward removing the school district from the authority of the state board or the commissioner; and
      3. Determine whether the person should continue to operate the school district or be replaced.
    2. The commissioner shall report the results of this review to the state board and each member of the General Assembly who represents the area in which the school district is located.
    3. The report shall include a justification of the determination made under subdivision (d)(1) of this section.

History. Acts 2013, No. 1412, § 1; 2017, No. 936, §§ 3, 4.

Amendments. The 2017 amendment inserted “Level 5 — Intensive support” in (c); and repealed former (e).

Case Notes

Improper Actions.

Denying the state school officials' motion to dismiss a complaint filed by former school district board members and a parent on the ground that it was barred by sovereign immunity was error where the State Board of Education acted within its express statutory authority when it took over a school district, and a violation of this section had no bearing on whether the Board was authorized to assume control of the district. Key v. Curry, 2015 Ark. 392, 473 S.W.3d 1 (2015).

6-13-113. School district desegregation orders — Orders.

  1. By January 1, 2016, a school district that is subject to a desegregation order or desegregation-related order shall notify the Division of Elementary and Secondary Education in writing.
  2. A school district that is subject to a desegregation order or a desegregation-related order shall include in the written notice to the division:
    1. A copy of the desegregation order or desegregation-related order;
    2. The case heading and case number of each court case in which the order was entered;
    3. The name and location of each court that maintains jurisdiction over the order; and
    4. A description of the school choice student transfer desegregation obligations, if any, that the school district is subject to, related to the order.
  3. A school district that is released from court supervision related to a desegregation order or desegregation-related order shall promptly notify the division.
  4. A school district that fails to meet the requirements of this section is in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.
  5. The division shall post on the division's website all written notifications received as required by this section.

History. Acts 2015, No. 560, § 1; 2019, No. 910, § 1115.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); substituted “division” for “department” in the introductory language of (b), in (c), and in (e); and substituted “division’s” for “department’s” in (e).

Subchapter 2 — Formation, Alteration, and Consolidation Generally

6-13-201 — 6-13-217. [Repealed.]

Publisher's Notes. These sections, concerning the formation, alteration, and consolidation of school districts generally, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-201. Acts 1931, No. 169, § 44; Pope's Dig., § 11477; A.S.A. 1947, § 80-404; Acts 1987, No. 614, § 1.

6-13-202. Acts 1943, No. 271, § 2; A.S.A. 1947, § 80-405.

6-13-203. Acts 1931, No. 169, § 47; Pope's Dig., § 11480; A.S.A. 1947, § 80-407.

6-13-204. Acts 1931, No. 169, § 48; Pope's Dig., § 11481; A.S.A. 1947, § 80-408.

6-13-205. Acts 1931, No. 169, § 51; Pope's Dig., § 11484; A.S.A. 1947, § 80-411.

6-13-206. Acts 1931, No. 169, § 49; Pope's Dig., § 11482; A.S.A. 1947, § 80-409.

6-13-207. Acts 1931, No. 169, § 45; Pope's Dig., § 11478; A.S.A. 1947, § 80-406.

6-13-208. Acts 1931, No. 169, § 53; Pope's Dig., § 11486; Acts 1947, No. 327, § 1; A.S.A. 1947, § 80-414.

6-13-209. Acts 1931, No. 169, § 53; Pope's Dig., § 11486; Acts 1947, No. 327, § 1; A.S.A. 1947, § 80-414.

6-13-210. Acts 1931, No. 169, § 53; Pope's Dig., § 11486; Acts 1947, No. 327, § 1; A.S.A. 1947, § 80-414.

6-13-211. Acts 1931, No. 169, § 50; Pope's Dig., § 11483; A.S.A. 1947, § 80-410.

6-13-212. Acts 1939, No. 387, § 1; 1961, No. 197, § 1; A.S.A. 1947, § 80-413.

6-13-213. Acts 1931, No. 169, § 52; Pope's Dig., § 11485; A.S.A. 1947, § 80-412; Acts 1987, No. 549, §§ 1, 2.

6-13-214. Acts 1969, No. 281, § 1; A.S.A. 1947, § 80-459.

6-13-215. Acts 1931, No. 169, § 55; Pope's Dig., § 11488; Acts 1947, No. 235, § 1; A.S.A. 1947, § 80-418; Acts 1987, No. 614, § 2.

6-13-216. Acts 1951, No. 403, § 6; A.S.A. 1947, § 80-424.

6-13-217. Acts 1941, No. 279, § 1; A.S.A. 1947, § 80-420.

6-13-218. [Repealed.]

Publisher's Notes. This section, concerning consolidation of noncontiguous districts, was repealed by Acts 1987, No. 614, § 4. The section was derived from Acts 1965, No. 415, § 1; A.S.A. 1947, § 80-454.

6-13-219 — 6-13-222. [Repealed.]

Publisher's Notes. These sections, concerning hearings on consolidation petitions, appeals, the assumption of property and obligations by the new school district and annexation when reservoir separates portions of district, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-219. Acts 1947, No. 361, § 1; A.S.A. 1947, § 80-421.

6-13-220. Acts 1931, No. 169, §§ 46, 56; Pope's Dig., §§ 11479, 11489; A.S.A. 1947, §§ 80-419, 80-422.

6-13-221. Acts 1931, No. 169, § 80; Pope's Dig., § 11516; A.S.A. 1947, § 80-423.

6-13-222. Acts 1979, No. 390, § 1; A.S.A. 1947, § 80-418.2.

6-13-223. [Repealed.]

Publisher's Notes. This section, concerning the annexation to contiguous district when district pupils attend private schools, was repealed by Acts 1989, No. 950, § 1. This section was derived from Acts 1965, No. 451, § 1; A.S.A. 1947, § 80-456.

Subchapter 3 — Alternative Consolidation Method for Two to Eight School Districts

6-13-301 — 6-13-311. [Repealed.]

Publisher's Notes. This subchapter, concerning alternative consolidation method for two to eight school districts, was repealed by Acts 1993, No. 294, § 7. The subchapter was derived from the following sources:

6-13-301. Acts 1961, No. 125, § 9; 1963, No. 163, § 3; A.S.A. 1947, § 80-453n.

6-13-302. Acts 1961, No. 125, §§ 1, 2; 1963, No. 163, § 1; A.S.A. 1947, §§ 80-446, 80-447; Acts 1987, No. 614, § 3.

6-13-303. Acts 1961, No. 125, § 3; A.S.A. 1947, § 80-448.

6-13-304. Acts 1961, No. 125, § 4; 1969, No. 294, § 1; A.S.A. 1947, § 80-449.

6-13-305. Acts 1961, No. 125, § 4; 1969, No. 294, § 1; A.S.A. 1947, § 80-449.

6-13-306. Acts 1961, No. 125, § 5; 1963, No. 163, § 2; 1977, No. 291, § 1; A.S.A. 1947, § 80-450; Acts 1989, No. 367, § 1.

6-13-307. Acts 1973, No. 29, §§ 1, 2; A.S.A. 1947, §§ 80-450.1, 80-450.2.

6-13-308. Acts 1961, No. 125, § 6; 1969, No. 294, § 3; A.S.A. 1947, § 80-451.

6-13-309. Acts 1961, No. 125, § 5; 1969, No. 294, § 2; A.S.A. 1947, § 80-450; Acts 1989, No. 367, §§ 2, 4.

6-13-310. Acts 1961, No. 125, § 7; A.S.A. 1947, § 80-452.

6-13-311. Acts 1961, No. 125, § 8; A.S.A. 1947, § 80-453.

Subchapter 4 — Supplementary School District Reorganization Act

6-13-401 — 6-13-412. [Repealed.]

Publisher's Notes. This subchapter, concerning the Supplementary School District Reorganization Act, was repealed by Acts 1993, No. 294, § 7. The subchapter was derived from the following sources:

6-13-401. Acts 1965 (2nd Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 80-426n.

6-13-402. Acts 1965 (2nd Ex. Sess.), No. 21, § 2; A.S.A. 1947, § 80-426n.

6-13-403. Acts 1965 (2nd Ex. Sess.), No. 21, § 13; A.S.A. 1947, § 80-426n.

6-13-404. Acts 1965 (2nd Ex. Sess.), No. 21, § 3; A.S.A. 1947, § 80-426n.

6-13-405. Acts 1965 (2nd Ex. Sess.), No. 21, §§ 4, 8; A.S.A. 1947, § 80-426n.

6-13-406. Acts 1965 (2nd Ex. Sess.), No. 21, § 5; A.S.A. 1947, § 80-426n.

6-13-407. Acts 1965 (2nd Ex. Sess.), No. 21, § 6; A.S.A. 1947, § 80-426n.

6-13-408. Acts 1965 (2nd Ex. Sess.), No. 21, § 7; A.S.A. 1947, § 80-426n.

6-13-409. Acts 1965 (2nd Ex. Sess.), No. 21, § 8; A.S.A. 1947, § 80-426n.

6-13-410. Acts 1965 (2nd Ex. Sess.), No. 21, § 9; A.S.A. 1947, § 80-426n.

6-13-411. Acts 1965 (2nd Ex. Sess.), No. 21, § 10; A.S.A. 1947, § 80-426n.

6-13-412. Acts 1965 (2nd Ex. Sess.), No. 21, § 11; A.S.A. 1947, § 80-426n.

Subchapter 5 — Reorganization of Small School Districts Generally

6-13-501, 6-13-502. [Repealed.]

Publisher's Notes. These sections, concerning school districts affected by the School District Reorganization Act, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-501. Init. Meas. 1948, No. 1, §§ 1-4, Acts 1949, p. 1414; A.S.A. 1947, §§ 80-426 — 80-429.

6-13-502. Acts 1949, No. 452, § 1; A.S.A. 1947, § 80-433.

6-13-503. [Repealed.]

Publisher's Notes. This section, concerning certain small districts partially exempt from reorganization act, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1955, No. 42, § 1; A.S.A. 1947, § 80-429.1.

6-13-504 — 6-13-507. [Repealed.]

Publisher's Notes. These sections, concerning the zoning of small school districts, boards of directors, the annexation when office of county supervisor is abolished, and the dissolution of districts having fewer than 10 pupils, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-504. Acts 1949, No. 324, §§ 1-3; A.S.A. 1947, §§ 80-430 — 80-432.

6-13-505. Acts 1951, No. 75, §§ 1, 2; A.S.A. 1947, §§ 80-434, 80-435.

6-13-506. Acts 1957, No. 300, §§ 1, 2; A.S.A. 1947, §§ 80-437, 80-438.

6-13-507. Acts 1927, No. 144, §§ 1-3; Pope's Dig., §§ 11473-11475; Acts 1943, No. 111, §§ 1, 2; A.S.A. 1947, §§ 80-415 — 80-417.

Subchapter 6 — School District Boards of Directors Generally

A.C.R.C. Notes. Acts 2009, No. 1180, § 4, provided: “The document attached hereto titled ‘Prologue’ contains the findings concerning the history of school board functions. The document, ‘Prologue’, shall be filed in the journals of the House and Senate.”

Cross References. Arkansas Governmental Compliance Act, § 10-4-301 et seq.

Preambles. Acts 1943, No. 120 contained a preamble which read:

“Whereas, many school directors have left their usual places of abode to become engaged in war industries, to serve in the Armed Forces of the United States, or to accept other employment elsewhere, and

“Whereas, such departures in many instances have left the membership of school boards in a difficult position with respect to the efficient operation of the affairs of school districts….”

Acts 1951, No. 403, contained a preamble which read:

“Whereas, the statutes governing the notice for and the holding of school elections contain conflicting and overlapping requirements that result in unnecessary and burdensome costs upon the school districts of Arkansas, and also result in some uncertainty regarding proper procedure, and should be simplified;

“Now, therefore … .”

Effective Dates. Acts 1925, No. 138, § 3: approved Mar. 7, 1925. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage.”

Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1935, No. 30, § 13: Feb. 14, 1935. Emergency clause provided: “This act being necessary for the immediate preservation of public peace, health and safety, an emergency is hereby declared to exist for the reason that the condition of the public schools is such that the changes called for in this act are imperative and that the passage of this bill will remedy the present unworkable law as to the number of school directors authorized and this act shall take effect and be in force from and after its passage and approval as an emergency measure.”

Acts 1939, No. 316, § 3: approved Mar. 15, 1939. Emergency clause provided: “Because of the fact that the schools of Arkansas are in dire need of all of the funds available for the purposes allowed by law for expenditure; because of the fact that a great number of school supply salesmen have defrauded many of the school districts in Arkansas by collecting for supplies in advance and never delivering the same and because of the fact that children in many school districts of Arkansas have been made to suffer thereby, an emergency is hereby declared to exist and that this act take effect and be in force from and after its passage.”

Acts 1943, No. 120, § 5: Feb. 26, 1943. Emergency clause provided: “Whereas, it is determined that many school directors have absented themselves from their several communities for various purposes, making it difficult for the normal and efficient operation of the affairs of their respective school boards to be carried on, and whereas, such conditions make it difficult to maintain and preserve the public peace, health, and safety, therefore it is hereby declared that an emergency exists and the provisions of this act shall be in full force and effect immediately after the passage and approval of the act.”

Acts 1949, No. 287, § 2: Mar. 19, 1949.

Acts 1951, No. 403, § 10: Mar. 26, 1951. Emergency clause provided: “It is hereby ascertained and declared that many school districts of the state now engaged in building programs needed for the instruction and care of the pupils are being delayed because of uncertainties in the present laws governing school elections, and that therefore an emergency exists, and this act, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1953, No. 204, § 2: Mar. 4, 1953. Emergency clause provided: “Because of the fact that the schools of Arkansas are in dire need of all the funds available for the purpose allowed by law for school expense; because of the fact that certain school districts have embraced in their districts certain Sixteenth Sections of land which are in danger of lying idle and untilled and not producing revenue for school purposes due to the fact the law is not clear as to who has the authority to lease said lands; and because of the fact that if said authority be not placed in the school boards, said lands may lie idle to the detriment of the school system of the State of Arkansas, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1957, No. 86, § 3: Feb. 26, 1957. Emergency clause provided: “It is hereby determined that the decisions of the United States Supreme Court in the school segregation cases require the solution by public school boards of a great variety of school problems of legal complexity which involve the health, safety and general welfare; that school boards in many instances have need of legal advice in solving said problems. An emergency is, therefore, declared to exist and this Act shall be in effect from its passage and its approval by the governor.”

Acts 1959, No. 78, § 3: Feb. 20, 1959. Emergency clause provided: “The General Assembly does hereby ascertain and declare that the existing laws pertaining to the organization of school boards and the disbursement of school funds are inadequate, confusing and create serious administrative difficulties and that the immediate passage of this act is necessary to remedy these conditions. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1959, No. 80, § 3: Feb. 20, 1959. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State regarding school purchases are working an undue hardship on school districts in counties having small populations and limited retail stores; that such laws are resulting in excessive costs to such school districts; and that only by the immediate passage of this Act may such situation be corrected. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 13, § 3: Feb. 2, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that clarification is needed in the law regarding the filling of a vacancy on a school board created by the conviction of a school board member for a felony, and that this Act is immediately necessary to clarify the law in this respect. It is furthermore determined that some school boards are faced with the problem and in need of immediate guidance, and therefore this Act is immediately necessary. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 822, § 4: Mar. 21, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that school districts within the State of Arkansas during the spring of 1989 will be making decisions pertaining to the hiring of non-teaching personnel and that those non-teaching personnel should be employed by a written contract to provide them with some certainty regarding their future employment; that the immediate implementation of this act is necessary to preserve the peace, safety and health of citizens of the State of Arkansas. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 57 and 58, § 6: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas, meeting in the Second Extraordinary Session of 1994, that many juveniles who have previously been declared delinquent for having committed serious offenses possess handguns and that handgun possession by such juveniles poses a great risk of harm to them and to others. Therefore, in order to immediately increase the penalty for possession of a handgun by juveniles who have previously been found delinquent for having committed certain serious offenses, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2003, No. 1280, § 2: Apr. 14, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the board of directors of a school district must annually publish the school district's proposed budget of expenditures; that legislation is needed to clarify the procedure by which the budget is published; that this act is necessary for school districts to comply with requirements of the Arkansas Supreme Court's decision concerning the adequacy of education in Arkansas; and that this act is immediately necessary because the public must be informed of the school budget in sufficient time to make informed decision regarding the annual ad valorem property tax for the district. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1775, § 2: effective Jan. 1, 2006.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 66 et seq.

C.J.S. 78 C.J.S., Schools, § 149 et seq.

6-13-601 — 6-13-603. [Repealed.]

Publisher's Notes. These sections, concerning definitions, the number of directors generally, and an increase in the number of directors when cities become cities of the first class, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-601. Acts 1935, No. 30, § 1; Pope's Dig., § 11521; A.S.A. 1947, § 80-501.

6-13-602. Acts 1935, No. 30, § 1; Pope's Dig., § 11521; A.S.A. 1947, § 80-501.

6-13-603. Acts 1949, No. 61, §§ 1, 2; A.S.A. 1947, §§ 80-502.2, 80-502.3.

6-13-604. [Repealed.]

Publisher's Notes. This section, concerning an increase in the number of members of a school district board of directors, was repealed by Acts 2013, No. 1155, § 8. The section was derived from Acts 1949, No. 214, § 1; 1979, No. 152, § 1; A.S.A. 1947, § 80-502.1; Acts 1993, No. 294, § 7; 1999, No. 1078, §§ 30, 31; 2005, No. 2151, § 11.

6-13-605. [Repealed.]

Publisher's Notes. This section, concerning increasing the number of directors from three (3) to five (5) in certain districts, was repealed by Acts 1993, No. 294, § 7. The section was derived from Acts 1961, No. 249, §§ 1, 2; 1981, No. 561, § 1; A.S.A. 1947, §§ 80-502.4, 80-502.5.

6-13-606. [Repealed.]

Publisher's Notes. This section, concerning a decrease in the number of members of a school district board of directors, was repealed by Acts 2013, No. 1155, § 9. The section was derived from Acts 1967, No. 232, § 1; A.S.A. 1947, § 80-502.9; Acts 1999, No. 1078, §§ 32, 33; 2005, No. 2151, § 12.

6-13-607. [Repealed.]

Publisher's Notes. This section, concerning election by zone for districts with more than 24,000 daily attendance, was repealed by Acts 1999, No. 1078, § 34. The section was derived from Acts 1979, No. 77, § 1; A.S.A. 1947, § 80-502.10; Acts 1987, No. 522, § 1.

6-13-608. Length of directors' terms.

  1. All members of a school district board of directors shall be elected to a term of office of not less than three (3) years nor more than five (5) years in length and with the expiration of such terms so arranged that, as nearly as possible, an equal number of positions are filled each year.
  2. Unless otherwise provided by law, members of a school district board of directors shall have terms of office of equal length.
    1. A member of a school district board of directors shall not serve more than one (1) full term as a holdover.
    2. If at the expiration of the holdover term a person is not elected to fill the position at the annual school election or the person elected fails to subscribe to the director's oath of office within the time provided under § 6-13-617(a)(1), the position is vacant and the school district board of directors shall fill the vacancy as provided under § 6-13-611.

History. Acts 1981, No. 50, § 1; A.S.A. 1947, § 80-549; Acts 1999, No. 1078, § 35; 2013, No. 558, § 2; 2015, No. 379, § 1.

Amendments. The 2013 amendment inserted the (a) and (b) designations; substituted “Unless otherwise provided by law” for “All” in (b); and added (c).

The 2015 amendment inserted “or the person elected fails to receive the director’s oath of office within the time provided under § 6-13-617(a)(1)” in (c)(2).

6-13-609, 6-13-610. [Repealed.]

Publisher's Notes. These sections, concerning terms of directors in counties with populations between 26,000 and 26,800 and in districts with eight directors, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-609. Acts 1979, No. 678, § 1; A.S.A. 1947, § 80-502.11.

6-13-610. Acts 1967, No. 129, §§ 1-3; A.S.A. 1947, §§ 80-502.6 — 80-502.8.

6-13-611. Vacancies generally.

  1. A vacancy shall occur on a school district board of directors if a board member:
    1. Moves his or her bona fide permanent residence outside the boundaries of the school district;
    2. Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:
      1. Military service of the board member; or
      2. Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
    3. Fails to physically attend six (6) regularly scheduled board meetings of the school board of directors in a calendar year unless the failure is due to:
      1. Military service of the board member; or
      2. Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
    4. Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:
      1. Military service of the board member; or
      2. A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;
    5. Is convicted of a felony in accordance with § 6-13-612;
    6. Is called to active military duty in accordance with § 6-13-613;
    7. Resigns from the school board of directors; or
    8. Dies.
    1. If credible evidence of a violation of subdivisions (a)(1)-(4) is presented to the president, vice president, or secretary of a school district board of directors, a majority of the members of the school district board of directors shall:
      1. Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and
      2. Hold a hearing on the existence of a vacancy on the school district board of directors.
      1. At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.
      2. If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:
        1. Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or
        2. Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.
    2. At a hearing held under subdivision (b)(1)(B) of this section, a majority of the members of the school district board of directors, excluding the board member whose eligibility is challenged, shall:
      1. Be presented with written or oral evidence;
      2. Act as the finder of fact to determine whether or not a vacancy exists; and
      3. Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.
    3. A vacancy under subdivisions (a)(1)-(3) of this section does not exist until an affirmative vote has taken place under subdivision (b)(3)(C) of this section.
      1. The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.
      2. A written transcript of the hearing shall be made available upon request.
      1. Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.
      2. The notice shall:
        1. Include a statement of the removal, the date of the vote, and the right to appeal;
        2. Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and
        3. Be provided to the county clerk for the county clerk's records.
  2. If a vacancy occurs on the school district board of directors, the vacancy shall be filled by the appointment of an individual who is a qualified elector of the school district and who resides in the same zone, if applicable, as required by the vacant position by either:
    1. A majority vote of the remaining directors; or
    2. The county quorum court if:
      1. As a result of several vacancies on the school district board of directors, only a minority of board members remains; or
      2. The school board of directors fails to fill the vacancy within thirty (30) days.
  3. If a vacancy on the school district board of directors results in an officer position being vacant, the school district board of directors shall elect no later than the next regularly scheduled meeting after the appointment of a new board member the officer position until the next general election of board officers.
  4. An appointed director, except a director appointed to fill a vacancy under § 6-13-613, shall serve only to the next annual school election, at which time the electors shall select in the usual manner directors to serve the unexpired terms of the vacating directors.
    1. The secretary of the school district board of directors shall notify the county clerk of an appointment to the school district board of directors within five (5) days of the appointment being made.
    2. The notice shall include the name of the appointed board member and the expiration date of his or her term.
  5. A board member appointed under this section shall take the oath required under § 6-13-617.

History. Acts 1935, No. 30, § 4; Pope's Dig., § 11524; A.S.A. 1947, § 80-504; Acts 1991, No. 201, § 1; 1999, No. 1078, § 36; 2015, No. 843, § 1; 2015, No. 846, § 3; 2017, No. 589, § 1.

Publisher's Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2015, No. 843. Subsection (c) [now (e)] of this section was also amended by Acts 2015, No. 846 to read as follows:

“(c) Except as provided under § 6-13-613, all appointed directors shall serve only to the next annual school election, at which time the electors shall select in the usual manner directors to serve the unexpired terms of the vacating directors.”

Amendments. The 2015 amendment by No. 843 added present (a) and (b); rewrote and redesignated former (a) and (b) as (c); inserted (d); redesignated former (c) as (e); substituted “An appointed director, except a director appointed to fill a vacancy under § 6-13-613” for “All appointed directors” in present (e); and added (f) and (g).

The 2015 amendment by No. 846 added “Except as provided under § 6-13-613” in (c).

The 2017 amendment inserted (a)(4), and redesignated the remaining subdivisions accordingly; and substituted “subdivisions (a)(1)-(4)” for “subdivisions (a)(1)-(3)” in (b)(1).

Case Notes

Appointments.

Where the county court filled two vacancies in a board of school directors without designating which appointee held for the long or the short term and the next annual school meeting decided that one of the appointees should hold the long term and elected a successor to the other, the former continued to hold office, not under the decision, but under his original appointment because no successor was elected to succeed him. Click v. Sample, 73 Ark. 194, 83 S.W. 932 (1904) (decision under prior law).

Elections.

Vacancies in board could be filled at special election. Watson v. Trotter, 188 Ark. 485, 66 S.W.2d 634 (1933) (decision under prior law).

Where a trial court had ousted the apparent winner of an election for school board director due to ballots deemed defective under Ark. Const., Amend. 51, §§ 6, 13, the trial court had the power to declare the next highest vote getter the winner of the election and to place him in office. Loyd v. Keathley, 284 Ark. 391, 682 S.W.2d 739 (1985).

Cited: Glover v. Henry, 231 Ark. 111, 328 S.W.2d 382 (1959); Jessup v. Hancock, 238 Ark. 866, 385 S.W.2d 24 (1964); East Poinsett County Sch. Dist. No. 14 v. Massey, 317 Ark. 219, 876 S.W.2d 573 (1994).

6-13-612. Vacancy — Conviction of felony.

  1. When a member of the board of directors of any school district in this state is convicted of a felony, a vacancy shall exist on that board of directors from the date of the final judgment of conviction.
  2. The prosecuting attorney who successfully prosecutes a school district board member for a felony shall immediately notify the remaining members of that board of directors of the fact of the conviction and of the existence of a vacancy on the board of directors of the school district.
  3. A vacancy on a school district board of directors due to the conviction of a felony shall be filled as required under § 6-13-611.

History. Acts 1981, No. 13, § 1; A.S.A. 1947, § 80-504.2; Acts 2015, No. 843, § 2; 2015, No. 846, § 4.

Publisher's Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2015, No. 843. Subsection (c) of this section was also amended by Acts 2015, No. 846 to read as follows:

“(c) The remaining members of the board of directors of the school district shall, under § 6-13-611, select a person to fill such vacancy until the next regular school election, at which election a successor member shall be elected for the remaining portion of such term.”

Amendments. The 2015 amendment by No. 843 rewrote (c).

The 2015 amendment by No. 846 substituted “under § 6-13-611” for “at their next regular meeting” in (c).

6-13-613. Temporary vacancies — Vacancies created by failure to participate.

  1. In cases where directors have entered the services of the United States Armed Forces or its allies, temporary vacancies on such boards are declared to exist until the end of the terms of the members or until their return to civilian life in the school district if their return occurs before the expiration of their elected terms.
  2. These vacancies shall be filled in the manner prescribed by law, except that appointments of the successors shall be conditional upon the return of the members to resume their normal civilian activities in the school district. Upon return, they may resume their duties as directors for their unexpired terms by written notice to the secretaries of their respective school district boards of directors.
  3. Directors appointed under the provisions of this section shall take the required oath of office and conform in all respects to legal provisions regarding directors.
  4. Directors serving in the United States Armed Forces shall be eligible for reelection in the usual manner prescribed by law. If reelected, the procedure for filling the temporary vacancies provided herein shall be again followed in the appointment of the successors to the absentees, and all other provisions of this section shall prevail.
  5. If there is a majority of the directors left after the absences mentioned in this section, such majority may act without notice to those so absent as fully and as effectively as if all directors were present.
  6. If there is more than a majority remaining after such absences, notice must be given for a reasonable length of time before the meeting to directors not so absent of the time, place, and purpose of a meeting of the school district board of directors, unless the meeting is a regular and not a special or called meeting.

History. Acts 1943, No. 120, §§ 1-3; A.S.A. 1947, §§ 80-206 — 80-208; Acts 1991, No. 201, § 2; 1993, No. 294, § 7; 1999, No. 1078, § 37; 2015, No. 843, § 3.

Amendments. The 2015 amendment deleted former (d) and (f) and redesignated the remaining subsections accordingly.

6-13-614. [Repealed.]

Publisher's Notes. This section, concerning school districts with five directors, was repealed by Acts 2003, No. 1364, § 1. The section was derived from Acts 1945, No. 29, § 1; A.S.A. 1947, § 80-503.

6-13-615. Local option to elect directors from single-member zones.

    1. Qualified electors of a school district may, by petition, have placed on the ballot of any annual school election the issue to determine whether to elect the school district board of directors from single-member zones.
    2. The petitions calling for such an issue to be placed on the ballot shall be signed by not less than ten percent (10%) of the qualified electors of the school district, based upon the total number of registered voters in the school district.
    3. The petitions may be circulated between ninety (90) days and forty-five (45) days before the election date.
    4. The petitions shall be filed with the county election commission of the county in which the largest portion of the school district lies.
    1. Within ten (10) days of the receipt and verification of the sufficiency of the petitions, the county election commission shall notify the board of directors of the affected school district that the issue shall be placed on the ballot of the next school election.
    2. The county election commission shall specify the wording of the ballot to be used to determine whether to elect the school district board of directors from single-member zones.
  1. If a majority of the qualified electors of the school district shall vote for the election of the school district board of directors from single-member zones, the county election commission of the county in which the largest portion of the school district lies shall establish, within the school district, boundaries for the election of directors of the board of directors which shall have substantially equal population based on the most recent available census information and from which racial minorities may be represented on the board of directors in proportions reflected in the school district population as a whole.
  2. The members of the board of directors of the school district shall be elected for a three-year term. Provided, any member of the board of directors shall hold office until his or her successor has been elected and qualified. A member of the board of directors who is qualified to serve the zone he or she represents may succeed himself or herself.
    1. Following the election, the new school district board of directors at their initial meeting shall, by lot, establish their initial terms so that an equal number of positions are filled each year and not more than three (3) members' terms expire each year.
    2. The regular term of office for the school district board of directors elected after the initial election following the decision to elect from single-member zones shall be the same as the term of the school district board of directors of the school district before the change in the method of election of the school district board of directors.

History. Acts 1989, No. 872, §§ 1-5.

Publisher's Notes. Former § 6-13-615, concerning incarceration for failure to integrate, was repealed by Acts 1989, No. 950, § 1. The former section was derived from Acts 1959, No. 207, §§ 1, 2; A.S.A. 1947, §§ 80-542, 80-543.

Acts 1989, No. 872, § 4, provided, in part:

“Upon passage, the length of terms of persons serving on the board of directors of a school district shall be reduced or lengthened to comply with this section. At the time of the passage, the board of directors shall draw lots to determine which zone positions their board position shall represent until a qualified board member from that zone can be elected. The board of directors shall then draw lots to stagger the lengths of terms of the various zones. The zone terms shall be staggered so that one-third, or the the nearest whole number, of the zones shall be subject to election at the next regular school election, one-third, or to the nearest whole number, of the zones shall be subject to election at the next following regular school election, and one-third, or any remaining number, of the zones shall be subject to election at the second subsequent regular school election.”

Case Notes

In General.

This section authorizes election for and the establishment of single-member zones. East Poinsett County Sch. Dist. No. 14 v. Massey, 315 Ark. 163, 866 S.W.2d 369 (1993).

6-13-616. Qualifications of directors.

  1. No person shall be eligible to be a member of any school district board of directors in this state unless he or she is a qualified elector of the school district which he or she serves.
  2. No person who is elected to a school district board of directors shall be eligible for employment in that same school district.

History. Acts 1935, No. 30, § 4; Pope's Dig., § 11524; Acts 1957, No. 131, § 1; A.S.A. 1947, §§ 80-504, 80-504.1; Acts 1989, No. 242, § 1; 1993, No. 294, § 7; 1993, No. 346, § 1; 1999, No. 1390, § 1.

A.C.R.C. Notes. This section was amended by Acts 1989, No. 242, § 1, effective July 3, 1989. However, it was also repealed by Acts 1989, No. 950, § 1, effective March 27, 1989; the title of the act stated that it was designed to repeal provisions which might impede the providing of quality education to all Arkansas students.

Case Notes

Eligibility.

Even though Acts 1989, No. 242 purported to make a person whose residential property spans parts of two school districts eligible to serve on the board of either, it did not change the qualified elector requirement of Ark. Const., Art. 19, § 3. Davis v. Holt, 304 Ark. 619, 804 S.W.2d 362 (1991).

Ownership of Property.

This section does not specify that ownership of real property in the school district must exist at time of election, thus director is qualified if this eligibility requirement is met at time of commencement of term and induction into office. Jessup v. Hancock, 238 Ark. 866, 385 S.W.2d 24 (1964) (decision under prior law).

Residence.

Where the attempted exchange of territory between two school districts was void because it did not have the approval of a majority of the electors in each district as required by § 6-13-201 (repealed), a resident of the territory sought to be added to one of the districts was not a resident of the school district to which his property was transferred, and, therefore, he could not be a candidate for school director in that district since this section requires a school director to be a bona fide resident and qualified elector of the district which he serves. Holden v. Vent, 270 Ark. 567, 605 S.W.2d 463 (1980) (decision under prior law).

Cited: Glover v. Henry, 231 Ark. 111, 328 S.W.2d 382 (1959).

6-13-617. Oath.

    1. Each director elected for an initial or nonconsecutive term of office shall, within ten (10) days after receiving notice from the county clerk or his or her designee of his or her election or within ten (10) days after receiving notice from the county clerk or his or her designee of his or her appointment, subscribe to the following oath before an individual authorized to administer oaths under § 21-2-105:
      1. After the oath is administered, the director shall submit a certification of the administration of the oath to the county clerk or his or her designee.
      2. The certification of the administration of the oath shall contain:
        1. A copy of the oath;
        2. The director's signature;
        3. The administrator's signature; and
        4. The date.
    1. The county clerk, upon receipt of the certification of the administration of the oath prescribed for a director, shall immediately commission such persons, and they shall enter at once upon their duties as directors.
    2. By the close of business of the day following the receipt of the certification of the administration of the oath, the county clerk or his or her designee shall notify the superintendent of the school district by phone that the individual has subscribed to the director's oath and shall send a copy of the certificate of the administration of the oath to the school district’s central office within five (5) days.
  1. The failure of an elected director to have the oath administered as required under subsection (a) of this section will result in:
    1. The individual’s not being qualified to serve for the purpose of Arkansas Constitution, Article 19, § 5; and
    2. A holdover.

“I, , do hereby solemnly swear or affirm, that I will support the United States Constitution and the Arkansas Constitution, and that I will not be interested, directly or indirectly, in any contract made by the district of which I am a director, except as permitted by state law and that I will faithfully discharge the duties as school director in School District upon which I am about to enter.

Director's Signature

Administrator's Signature

Date”.

History. Acts 1935, No. 30, § 12; Pope's Dig., § 11532; A.S.A. 1947, § 80-505; Acts 2001, No. 1599, § 20; 2013, No. 1155, § 10; 2015, No. 379, § 2.

Amendments. The 2013 amendment updated the form in (a).

The 2015 amendment redesignated former (a) as (a)(1); in present (a)(1), substituted “for an initial or nonconsecutive term of office shall, within ten (10) days after receiving notice from the county clerk or his or her designee of his or her election or within ten (10) days after receiving notice from the county clerk or his or her designee of his or her appointment, subscribe to the following oath before an individual authorized to administer oaths under § 21-2-105” for “or appointed shall, within ten (10) days after receiving notice of his or her election or appointment, subscribe to the following oath” and added “Director's Signature”, “Administrator's Signature”, and “Date” at the end of the oath; added (a)(2); redesignated (b) as (b)(1); added “the certification of the administration” in (b)(1); added (b)(2); and added (c).

Case Notes

Interest in Transactions.

Directors, who entered into private business transactions with school district, were enjoined from having any future financial dealings with their district, since those dealings violated their oath as directors. Dowell v. School Dist. No. 1, 220 Ark. 828, 250 S.W.2d 127 (1952).

Taxpayers and residents of school district could not recover public funds paid for supplies to merchant whose son was a member of the school board where the preponderance of the evidence established that fair prices were charged by merchant and value received by the school district. Brewer v. Howell, 227 Ark. 517, 299 S.W.2d 851 (1957).

Purchases made from a business concern employing a school board member are not in violation of the law, for that director is not interested either “directly or indirectly” as is contemplated by the statute. Brewer v. Howell, 227 Ark. 517, 299 S.W.2d 851 (1957).

Cited: Jessup v. Hancock, 238 Ark. 866, 385 S.W.2d 24 (1964).

6-13-618. Organization — Disbursing officer.

  1. At the first regular meeting following the later of the certification of the results of the annual school election or the certification of the results of a runoff election, the board of directors of each school district shall organize by electing:
    1. One (1) of their number president;
    2. One (1) of their number vice president; and
    3. A secretary who may be, but need not be, a member of the board of directors.
    1. By resolution adopted by majority vote, the board of directors shall designate one (1) of its members who shall serve as the primary board of directors disbursing officer of the school district.
    2. In addition, the board of directors may designate one (1) or more board members as an alternate board of directors disbursing officer or officers in the absence of the designated primary board of directors disbursing officer.
    3. Such a resolution must be filed with the county treasurer and the Secretary of the Department of Finance and Administration.
  2. No warrant or check other than food service or activity funds warrants or checks shall be valid in the absence of the following manual or facsimile signatures:
    1. That of the designated board member serving as disbursing officer for the school district or the designated alternate; and
    2. That of the superintendent of the school district.

History. Acts 1959, No. 78, § 1; 1967, No. 187, § 1; A.S.A. 1947, § 80-506; Acts 2003, No. 671, § 1; 2013, No. 558, § 1; 2019, No. 910, § 3364.

Amendments. The 2013 amendment, in (a), inserted “later of the certification of the results of the” and “or the certification of the results of a run-off election”.

The 2019 amendment substituted “Secretary” for “Director” in (b)(3).

6-13-619. Meetings.

    1. The board of directors of a public school district shall meet:
      1. Monthly during the school term;
      2. On call of the president or secretary or any three (3) members of the board of directors; and
      3. When petitioned to meet by a verified written petition that:
        1. Is signed by fifty (50) qualified electors in the school district;
        2. Contains the printed name and address of each qualified elector signing the petition;
        3. Is accompanied by the verified statement of the person obtaining the signatures on the petition required under § 7-9-109; and
        4. States the purpose for the meeting.
      1. At least five (5) days before a regular monthly meeting of a board of directors, the superintendent shall notify the president of the board of directors of:
        1. All written requests to be placed on the board agenda; and
        2. The superintendent's recommendation concerning each request.
      2. A request to be placed on the agenda shall not be granted if placement on the agenda:
        1. Prejudices the board of directors concerning a student or personnel matter that is on the agenda for the board's consideration of a disciplinary or employment action; or
        2. Is in conflict with school district policy or law.
      1. Except in emergency situations, regular and special meetings of the school district board of directors and school board committees that deal with personnel or personnel policies shall be held after 5:00 p.m.
      2. A meeting of the school district board of directors or a school board committee that does not deal with personnel or personnel policies may occur at any time and on any day, regardless of whether there is an emergency.
      1. At least ten (10) days before the date of a regular meeting of its board of directors, a public school district shall publish on the public school district's website a notice of the date, time, and place of the meeting.
      2. At least twenty-four (24) hours before a rescheduled regular meeting, a public school district shall publish on the public school district's website a notice of the change in the date, time, or place of the regular meeting.
  1. The secretary of a board of directors shall:
    1. Keep minutes of regular and special meetings of the board of directors, including without limitation a:
      1. Record of the members present or not present at the meeting;
      2. Record of the outcome of a vote; and
      3. Copy of all budgets of the school district and all reports of the county treasurer on the financial affairs of the school district; and
    2. Maintain a permanent record of the minutes.
      1. Except as provided under subsection (d) of this section, a board member shall be physically present at a meeting to be counted for purposes of a quorum or to vote.
      2. If a quorum is not established or maintained, a vote shall not be taken until a quorum is established or restored.
      3. A majority of a quorum voting affirmatively is required for the passage of any motion or resolution.
      4. Any member who abstains from voting shall be counted as having voted against the motion or resolution.
        1. If a member announces a conflict of interest with regard to an issue, the member may leave the meeting until the voting on the issue is concluded.
        2. A member who leaves a meeting due to a conflict of interest:
          1. Shall not be counted in the board of director's vote; and
          2. Shall not be considered present for the purpose of establishing a quorum until the member returns to the meeting after the vote.
    1. Except as provided under subdivision (c)(1)(E)(ii) of this section, for the purposes of this section, a quorum shall be a majority of the membership of the board of directors.
    2. A quorum of the board of directors must be physically present for the board of directors to enter an executive session.
    1. The board of directors may adopt a policy permitting a member of the board of directors who is unable to be physically present at a meeting to attend the meeting remotely.
    2. For a member of the board of directors that attends a meeting remotely to be counted for a quorum and to vote, the method used to permit the member of the board of directors to attend remotely shall:
      1. Provide a method for the president of the board of directors or the secretary of the board of directors to verify the identity of the member of the board of directors attending remotely;
      2. Allow members of the board of directors that are present and members of the public to hear the member of the board of directors attending remotely at all times; and
      3. Allow a member of the board of directors attending remotely to hear the members of the board of directors present at the meeting and any public comment at all times.
    3. A member of the board of directors attending remotely shall not:
      1. Attend an executive session or closed hearing remotely; or
        1. Vote on an issue that is the subject of an executive session or closed hearing.
        2. A board member's inability to vote on an item discussed in executive session shall be treated the same as if the board member had left the room under subdivision (c)(1)(E) of this section.
      1. Up to three (3) times per calendar year the board of directors may count a board member attending remotely for the purpose of establishing a quorum.
      2. A board member attending remotely that is used to establish a quorum under subdivision (d)(4)(A) of this section shall not be counted to determine if the board may enter executive session under subdivision (c)(3) of this section.

History. Acts 1931, No. 169, § 96; Pope's Dig., § 11534; Acts 1983, No. 855, § 1; A.S.A. 1947, § 80-507; Acts 1993, No. 608, § 1; 1995, No. 1347, § 1; 2007, No. 1588, § 1; 2013, No. 559, § 1; 2015, No. 836, § 1; 2015, No. 843, § 4.

Amendments. The 2013 amendment rewrote (a) through (c).

The 2015 amendment by No. 836 added “Except as provided under subsection (d) of this section” in (c)(1)(A); added (c)(3); and rewrote (d).

The 2015 amendment by No. 843 repealed former (d).

Cross References. Meetings open to public, § 25-19-106.

Case Notes

Notice.

A contract for the employment of a teacher entered into at a meeting of a school board at which only two of its three members were present and of which meeting the third member had no notice was invalid. School Dist. v. Castell, 105 Ark. 106, 150 S.W. 407 (1912) (decision under prior law).

The mere presence together of the directors of a school district was not a school meeting where they had not met pursuant to notice unless it was made so by the participation for that purpose of all the directors. Rice v. School Dist., 109 Ark. 125, 159 S.W. 29 (1913) (decision under prior law).

Two directors could act for the school district and bind it by their contract only at a meeting at which all the directors were present or of which they all had notice. Rice v. School Dist., 109 Ark. 125, 159 S.W. 29 (1913) (decision under prior law).

Quorum.

Although former subdivision (c)(4) of this section could be read to mean a quorum of the board as originally constituted or a quorum of the board comprised of remaining active members, a quorum of the original board, that is, four members, is required to be present to conduct the business of the board. East Poinsett County Sch. Dist. No. 14 v. Massey, 317 Ark. 219, 876 S.W.2d 573 (1994).

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;
    1. Employ staff, including:
        1. A superintendent of schools to oversee the day-to-day operations of the school district.
        2. A superintendent shall be evaluated annually or no less often than before any extension of his or her employment contract.
        3. Superintendents and assistant superintendents may be employed under contract terms and conditions that incorporate all elements prescribed by the State Board of Education; and
        1. School district employees under initial written employment contracts in the form prescribed by the State Board of Education, not including day-to-day substitutes.
        2. 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.
            1. Reviewing, adopting, and publishing the school district's budget;
            2. Overseeing and monitoring the school district finances, including:
            3. Borrowing money as necessary, but in no case shall the school district board of directors permit the school district to end the fiscal year with a negative legal balance;
            4. Entering into contracts for goods and services necessary to operate the school district;
            5. Buying, selling, renting, and leasing real property and personal property on behalf of the school district;
            6. Receiving, reviewing, and approving each annual financial audit report and presenting it to the public;
    2. 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:
      1. One (1) copy to be given to the employee;
      2. One (1) copy to be retained by the school district board of directors; and
      3. One (1) copy to be retained by the school district's treasurer or bookkeeper;
  5. Understand and oversee school district finances required by law to ensure alignment with the school district's academic and facility needs and goals, including without limitation:
    1. Revenues;
    2. Expenditures;
    3. Investments;
    4. Debts;
    5. Obligations;
    6. Inventory; and
    7. Real property;
  6. Ensure that:
    1. Necessary and sufficient facilities are built or obtained, furnished, and maintained; and
    2. All properties belonging to the district are managed and maintained for the benefit of the school district;
  7. Approve the selection of curriculum and ensure that students are offered and taught the courses of study and educational content required by the State Board of Education;
  8. Visit district schools and classrooms when students are present no less than annually and attend some events and functions;
  9. Obtain the training and professional development necessary to serve as active and informed members of the school district board of directors; and
  10. Do all other things necessary and lawful for the conduct of efficient free public schools in the school district.

History. Acts 1931, No. 169, § 97; Pope's Dig., § 11535; Acts 1939, No. 316, § 1; 1941, No. 389, § 1; 1943, No. 96, § 1; 1949, No. 287, § 1; 1953, No. 204, § 1; 1957, No. 280, § 1; 1969, No. 327, § 1; 1973, No. 253, § 3; 1973, No. 690, § 1; 1977, No. 658, § 1; 1983 (1st Ex. Sess.), No. 41, § 1; 1983 (1st Ex. Sess.), No. 53, § 1; A.S.A. 1947, § 80-509; Acts 1989, No. 822, § 1; 1993, No. 294, § 7; 1995, No. 233, § 1; 1999, No. 391, § 3; 1999, No. 1078, § 38; 2001, No. 581, § 1; 2001, No. 1747, § 1; 2003, No. 1738, § 1; 2007, No. 617, §§ 5, 6; 2007, No. 710, § 1; 2007, No. 1573, § 45; 2009, No. 1180, § 2.

Amendments. The 2009 amendment rewrote the section.

Cross References. Sixteenth section school lands, §§ 6-13-108 and 22-5-407.

Research References

Ark. L. Rev.

The Emerging Law of Students' Rights, 23 Ark. L. Rev. 619.

School Board Members' Immunity from § 1983 Suits — Wood v. Strickland, 29 Ark. L. Rev. 554.

Case Notes

In General.

School directors could exercise powers expressly conferred upon them or powers necessary for the due and efficient exercise of express powers or which might be fairly implied from the statute granting the express powers. A.H. Andrews Co. v. Delight Special Sch. Dist., 95 Ark. 26, 128 S.W. 361 (1910); Scott v. Magazine Special School Dist., 173 Ark. 1077, 294 S.W. 365 (1927) (decision under prior law).

Persons who dealt with school officers were presumed to have knowledge of the extent of officers' powers. Ark. Nat'l Bank v. School Dist., 152 Ark. 507, 238 S.W. 630 (1922) (decision under prior law).

Borrowing Money.

The power of a school district to borrow money and pay interest is granted by this section and power was not repealed by §§ 6-20-401, 6-20-402, 6-20-410 limiting school district's expenditure to amount of revenue for the school year, though those sections repealed the power to borrow from next year's revenue. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Power to borrow money conferred on school districts carries with it the power to issue evidences of indebtedness therefor and to pay interest thereon, but since this section does not fix or limit the rate of interest that may be paid, district was not authorized to contact for payment of interest in excess of the legal rate. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Closing Schools.

There was no abuse of discretion on the part of the board in closing a grade school where evidence sustained finding that the school was inefficient, both educationally and economically. Evans v. McKinley, 234 Ark. 472, 352 S.W.2d 829 (1962).

Consolidation and Annexation.

The directors of a school district may resist proceedings to annex a portion of their property to another district. School Dist. v. Rural Special School Dist., 128 Ark. 383, 194 S.W. 241 (1917) (decision under prior law).

An alleged agreement between the directors of two adjoining school districts that one district would not seek to acquire territory from the other district was not binding on the districts and therefore did not prevent taxpayers from petitioning for a consolidation of those districts. School Dist. No. 18 v. Grubbs Special Sch. Dist., 184 Ark. 863, 43 S.W.2d 765 (1931) (decision under prior law).

De Facto Officers.

De facto school director was authorized to execute contracts with third persons which were binding on the school district. School Dist. v. Garrison, 90 Ark. 335, 119 S.W. 275 (1909); School Dist. v. McClain, 185 Ark. 658, 48 S.W.2d 841 (1932) (decision under prior law).

Directors' Discretion.

In this state a broad discretion is vested in the board of directors of each school district in the matter of directing the operation of the schools and a chancery court has no power to interfere with boards in the exercise of that discretion unless there is a clear abuse of it and the burden is upon those charging such an abuse to prove it by clear and convincing evidence. Safferstone v. Tucker, 235 Ark. 70, 357 S.W.2d 3 (1962).

Employment Contracts.

School directors were not authorized to make a parol contract for the hire of a teacher. Griggs v. School Dist., 87 Ark. 93, 112 S.W. 215 (1908) (decision under prior law).

Only written contracts to teach school could be made by school directors, and parol evidence to vary the terms of a contract was inadmissible. Marr v. School Dist., 107 Ark. 305, 154 S.W. 944 (1913) (decision under prior law).

While the requirement that contracts for employment of teachers by school districts be in writing was mandatory, a verbal contract could be ratified by a district by accepting the teacher's services, but in the case of partial performance, the ratification extended only to the period of performance. Bald Knob Special Sch. Dist. v. McDonald, 171 Ark. 72, 283 S.W. 22 (1926) (decision under prior law).

Provisions of this section that contracts of teachers and other employees are to be in writing is mandatory. Johnson v. Wert, 225 Ark. 91, 279 S.W.2d 274 (1955).

Requirement of a valid contract was never consummated and action of board in rescinding its action in voting to reemploy superintendent was effective. Johnson v. Wert, 225 Ark. 91, 279 S.W.2d 274 (1955).

There is no statutory requirement that school custodians be employed by contract, much less that their contracts be subject to a contingency such as the one formerly contained in this section, but having elected to enter into a contract which did not provide for such a contingency, the school district and the custodial employee were equally bound to honor its terms. Calico Rock School Dist. v. Speak, 293 Ark. 206, 736 S.W.2d 10 (1987).

Under this section, the sole power to execute and to terminate a teacher's contract is vested in a school district's board of education; obviously, the legislature was mindful of that rule when it passed § 6-17-1506, as that section provides for a resignation to be delivered to the school board. Teague v. Walnut Ridge Sch., 315 Ark. 424, 868 S.W.2d 56 (1993).

Nothing in the law requires the board to actually name the person it purports to employ. Love v. Smackover Sch. Dist., 322 Ark. 1, 907 S.W.2d 136 (1995).

In an employment dispute, a school district was not liable because a purported employment contract with a nurse was not approved and ratified by the school board in the manner required by law. The fact that the nurse resigned her former employment based only on the school official asking her to come in for an interview and “promising” her that she would get the job did not support a claim for relief in Arkansas. Johnson v. Blytheville Sch. Dist., 2017 Ark. App. 147, 516 S.W.3d 785 (2017).

—Signature.

Where neither the secretary of the board nor a majority of the members of the board had signed principal's proposed renewal contract, no contract had been created. Morton v. Hampton School Dist., 16 Ark. App. 264, 700 S.W.2d 373 (1985).

Liability of Directors.

Where school directors acted in good faith believing at the time that they had authority under the statutes to expend money for the purposes for which they issued warrants, they were not liable to the district individually for money so expended even though they had no such authority. Hendrix v. Morris, 134 Ark. 358, 203 S.W. 1008 (1918) (decision under prior law).

Liability of School Principals.

It cannot be held as a matter of law that this section and §§ 6-17-302 and 6-17-919 absolutely bar an action against a school principal for damages allegedly caused by his actions in excess of his authority. Hart v. Bridges, 30 Ark. App. 262, 786 S.W.2d 589 (1990).

Number of Directors.

When there were only two school directors in a school district qualified to act, they could bind the district by their acts. Marr v. School Dist., 107 Ark. 305, 154 S.W. 944 (1913) (decision under prior law).

Religious Practices.

Religious exercises held prohibited by the establishment clause of the First Amendment to the constitution as made applicable to the states by the Fourteenth Amendment and thereby could not be approved or condoned by policies of the directors of a county school district, its agents and employees. Goodwin v. Cross County School Dist. No. 7, 394 F. Supp. 417 (E.D. Ark. 1973).

School Property.

In a lease of school lands, it could be stipulated that the lessee should fence the lands and build tenant houses thereon. School Dist. v. Gladish, 111 Ark. 329, 163 S.W. 1193, 163 S.W. 1194 (1914) (decision under prior law).

The directors of a school district could build an addition to an existing schoolhouse without authorization from the annual school meeting. King v. Tuggles, 140 Ark. 405, 215 S.W. 613 (1919) (decision under prior law).

It was within the authority of directors to change the site of the schoolhouse. Thompson v. State, 151 Ark. 369, 236 S.W. 608 (1922) (decision under prior law).

Where the sale of school property was within the scope of the powers of school directors they were the exclusive judges of the necessity of making the sale and the application of the proceeds. Scott v. Magazine Special School Dist., 173 Ark. 1077, 294 S.W. 365 (1927) (decision under prior law).

The sale of school property partially in consideration of an agreement that the purchasers would maintain a school and receive pupils sent by the director of school districts was authorized. Scott v. Magazine Special School Dist., 173 Ark. 1077, 294 S.W. 365 (1927) (decision under prior law).

The school district had the power to buy and to sell property involved in boundary dispute under direct power conferred by statute. Jewel v. Shiloh Cem. Ass'n, 224 Ark. 324, 273 S.W.2d 19 (1954).

Student Conduct.

Rule prohibiting cosmetics not unreasonable. Pugsley v. Sellmeyer, 158 Ark. 247, 250 S.W. 538 (1923) (decision under prior law).

Rules making students who participated in secret groups ineligible for certain school honors and activities were within the duty of doing all things necessary for conduct of efficient free school system as provided in subdivision (12) (now subdivision (11)). Isgrig v. Srygley, 210 Ark. 580, 197 S.W.2d 39 (1946).

Supplies.

A contract made by a single school district director for supplies was not beyond the powers conferred on such director and therefore was not incapable of ratification. Beckley-Cardy Co. v. West Point Special School Dist., 209 Ark. 792, 192 S.W.2d 540 (1946).

Taxation.

Under this section, school districts had authority to cooperatively employ a tax representative to prepare the list of taxpayers to be filed with the county assessor under § 26-26-705 to attempt to discover new construction and other property not listed for taxation, to appraise the property, and to submit that information to the appropriate district. Burnett v. Nix, 244 Ark. 235, 424 S.W.2d 537 (1968).

After ascertaining the rate of taxation necessary to raise money for the construction and operation of schools, the school district board of directors must see that that rate is placed upon election ballots to be approved or rejected by the voters. Henry v. Stuart, 251 Ark. 415, 473 S.W.2d 165 (1971).

Cited: White v. Jenkins, 213 Ark. 119, 209 S.W.2d 457 (1948); Johnson v. Robbins, 223 Ark. 150, 264 S.W.2d 640 (1954); Garrett v. Faubus, 230 Ark. 445, 323 S.W.2d 877 (1959); Morrilton School Dist. v. United States, 606 F.2d 222 (8th Cir. 1979); Carter v. Arkansas, 392 F.3d 965 (8th Cir. 2004); Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

6-13-621. Authority to convey section lands.

The board of directors of each school district in this state shall hereafter have authority to convey any of the school district's sixteenth section lands in exchange for any other land which would be more beneficial to the school district.

History. Acts 1995, No. 393, § 1.

Publisher's Notes. Former § 6-13-621, concerning the city superintendent, was repealed by Acts 1993, No. 294, § 7. The section was derived from Acts 1931, No. 169, § 40; Pope's Dig., § 11469; A.S.A. 1947, § 80-534.

Cross References. Sixteenth section school lands, §§ 6-13-108 and 22-5-407.

6-13-622. Publication of budget.

  1. The requirement of Arkansas Constitution, Amendment 40, for publication of a public school district's budget shall be discharged by the board of directors of each school district by publication of the school district's budget one (1) time in a newspaper that is published in or has a bona fide circulation in the county or counties in which the school district is administered.
  2. The publication shall be made not less than sixty (60) days before the school election at which the annual ad valorem property tax for the school district is decided by the electors.

History. Acts 1951, No. 403, § 4; A.S.A. 1947, § 80-538; Acts 2003, No. 1280, § 1; 2019, No. 828, § 1.

Amendments. The 2019 amendment, in (a), substituted “a public school district’s budget” for “the budget”, substituted “the school district’s budget” for “its budget”, substituted “in a newspaper that is published” for “in some newspaper published”, inserted “or has a bona fide circulation in”, inserted “or counties”, and deleted “lies or, if the school district lies in more than one (1) county, in the county in which the school district” preceding “is administered”.

6-13-623. Legal proceedings — Employment of counsel.

  1. Notwithstanding any provision of law, the governing authority of any school district in the State of Arkansas is authorized to employ legal counsel to defend it, any member thereof, or any school official in any legal proceeding to which the board of directors, any member thereof, or any school official may be a defendant, which such proceeding is instituted against it, or against any member thereof, by virtue of his or her actions in connection with his or her duties as such member.
  2. All costs, expenses, and liabilities of proceedings so defended shall be a charge against the school district and paid out of funds provided by the governing body of the school district.

History. Acts 1957, No. 86, §§ 1, 2; A.S.A. 1947, §§ 80-540, 80-541.

6-13-624. Oil, gas, and mineral leases.

  1. The directors of any common or special school district of this state shall have full and complete authority without any authorization by electors of the school district to execute and deliver oil, gas, and mineral leases upon the lands of the school district, which leases are to contain such terms and are to be given for such consideration as is acceptable to the directors.
  2. Any and all oil, gas, and mineral leases covering lands of any such school district, hereafter executed by the directors of the school district, shall be valid and effectual and binding on the school district.
  3. All oil, gas, and mineral leases covering the lands of any common or special school district of this state which have been made and executed by the directors of the school district are declared to be binding on the school district and effectual for all the purposes therein set out.

History. Acts 1925, No. 138, §§ 1, 2; Pope's Dig., §§ 11770, 11771; A.S.A. 1947, §§ 80-513, 80-514.

6-13-625. Liability insurance.

  1. The boards of directors of the respective school districts of this state may, upon approval of the majority of the members thereof, purchase liability insurance to protect the individual members of the board of directors from legal liability for activities arising out of duties as a director, including liability arising out of alleged malfeasance, errors, omissions, wrongful acts not related to bodily injury or property damage, and other actions taken in the performance of their duties as directors.
  2. The board of directors may pay the premium on the liability insurance policy from funds belonging to the school district.

History. Acts 1973, No. 629, § 1; A.S.A. 1947, § 80-548.

6-13-626. Access of military recruiters to school facilities and records.

If the board of directors of a school district permits access to the school grounds, facilities, and records by any person or group of persons whose purpose is to make students aware of occupational and educational options and opportunities, the board of directors shall also permit such access on the same basis to official recruiting representatives of the military forces of the state and the United States to enable those representatives to inform students of educational and career opportunities available in the military.

History. Acts 1981, No. 254, § 1; A.S.A. 1947, § 80-550.

6-13-627. [Repealed.]

Publisher's Notes. This section, concerning drug abuse prevention coordinators, was repealed by Acts 1999, No. 100, § 4. The section was derived from Acts 1985, No. 1023, §§ 1-3; 1985, No. 1056, §§ 1-3; A.S.A. 1947, §§ 80-1921 — 80-1923.

6-13-628. Purchases in small communities without bids.

Whenever any school in a school district in any county of this state having a population of less than six thousand (6,000), according to the most recent federal census, is located in a community in which there is only one (1) store selling school supplies or furnishings, the school district may purchase such supplies or furnishings from the store irrespective of any laws of this state regarding the taking of bids for school purchases.

History. Acts 1959, No. 80, § 1; A.S.A. 1947, § 80-539; Acts 2009, No. 285, § 1.

Amendments. The 2009 amendment deleted “or laws prohibiting the selling of supplies and furnishings to any school district by a member of the school district board of directors” following “school purchases.”

6-13-629. Training and instruction — Reimbursement.

      1. A member of a local school district board of directors who has served on the board of directors for twelve (12) or more consecutive months shall obtain no less than six (6) hours of training and instruction by December 31 of each calendar year.
        1. A member of a school district board of directors elected for an initial or noncontinuous term shall obtain no less than nine (9) hours of training and instruction by December 31 of the calendar year following the year in which the member is elected.
        2. The hours of training or instruction required under subdivision (a)(1)(B)(i) of this section shall include training or instruction on how to read and interpret an audit report under subdivision (a)(3)(A)(ii)(c) of this section.
      1. The superintendent of each school district shall annually prepare a report of the training hours each school board member received the previous calendar year and those carried forward from a previous year that were eligible to be counted towards the previous year to be presented to the board at the board's regular January meeting.
      2. Members who fail to receive or carry forward the required number of training hours shall be:
        1. Permitted thirty (30) days from the date of the January board meeting to complete the deficient training hours; and
        2. Suspended from participating in official business, except for school board training, until the board member obtains the deficient training hours.
      3. A board member who fails to cure the board member's training hours deficiency within the thirty (30) days provided in subdivision (a)(2)(B) of this section shall be removed from the board and the board member's position shall be filled in accordance with § 6-13-611 unless:
        1. The board member's failure to receive the required training was due to military service of the board member; or
        2. The board member provides a written sworn statement from the board member's treating physician stating that the board member's failure to receive the required training was due to a serious medical condition.
      4. A board member who provides the necessary documentation under subdivision (a)(2)(C) of this section shall have until December 31 of the year following the year the board member failed to receive the required hours of training to receive both the hours of training under subdivision (a)(1) of this section for the current year and those the board member failed to obtain the previous year.
      5. The board shall not appoint the board member who failed to receive the required hours of training to fill the vacant position on the board that resulted from the board member's failure to receive the required hours of training.
      1. The training and instruction required under this section shall include:
        1. Topics relevant to school laws and school operations;
        2. The powers, duties, and responsibilities of the members of the board of directors, including without limitation:
          1. Legal requirements, including without limitation:
            1. The items listed or required by the Legislative Joint Auditing Committee under § 6-1-101; and
            2. Other financial laws, rules, or federal regulations designated by the Division of Elementary and Secondary Education;
          2. Role differentiation;
          3. Financial management, including without limitation how to read and interpret an audit report; and
          4. Improving student achievement; and
          1. Information regarding school safety and student discipline.(b) A member shall be required to complete the program in subdivision (a)(3)(A)(iii)(a) of this section only one (1) time.
      2. The training or instruction on how to read and interpret an audit report shall be conducted:
        1. By a person who:
          1. Is licensed to practice accounting by the Arkansas State Board of Public Accountancy;
          2. Has prior experience in conducting a school district financial audit;
          3. Is not an employee of Arkansas Legislative Audit unless the training or instruction is conducted for the boards of directors of multiple school districts; and
          4. Is not the person conducting the annual audit or other financial audit of the school district unless the training or instruction is presented in a large group setting sponsored by a statewide or regional organization that is attended by multiple school districts;
        2. Under the consultation or supervision of an individual who qualifies under subdivision (a)(3)(B)(i) of this section as part of a program that is provided:
          1. By an institution of higher education located in Arkansas;
          2. From instruction sponsored or approved by the Department of Education; or
          3. By an in-service training conducted by or through the Arkansas School Boards Association; and
        3. By electronic means or in person, or both.
    1. Hours of training and instruction obtained in excess of the minimum requirements each year may accumulate and be carried forward from year to year.
    2. This instruction may be received from an institution of higher education in this state, from instruction sponsored or approved by the Department of Education, or by an in-service training program conducted by or through the Arkansas School Boards Association.
    3. A school district shall maintain a record of hours of training and instruction for board members, which may be in the form of an attested, cumulative annual report from the training providers and which shall be subject to verification and inspection during the school district's annual audit.
  1. Local school district boards of directors are authorized to pay per diem and other necessary expenses from funds belonging to the school district and to reimburse school district board directors for expenses incurred in attending in-service workshops, conferences, and other courses of training and instruction required in completing the training and instruction as required in subsection (a) of this section.
    1. The State Board of Education shall promulgate rules, which may be included in the Standards for Accreditation of Arkansas Public Schools and School Districts, requiring that a statement of the hours of training and instruction obtained by each member of a school district board of directors in the preceding year be:
      1. Part of the comprehensive school plan and goals;
      2. Published in the same way that other components of the comprehensive school plan and goals are required to be published; and
      3. Made a part of the annual school performance report under § 6-15-1402.
    2. The State Board of Education shall promulgate rules as necessary to carry out the provisions and intent of this section.

History. Acts 1987, No. 767, §§ 1, 2; 2005, No. 1775, § 1; 2011, No. 1213, § 1; 2015, No. 568, § 1; 2017, No. 275, § 1; 2017, No. 589, § 2; 2019, No. 168, § 1; 2019, No. 315, § 188; 2019, No. 1029, § 2.

Amendments. The 2011 amendment inserted (a)(1)(B)(ii); rewrote present (a)(2)(A); and inserted (a)(2)(B).

The 2015 amendment inserted (a)(2)(B)(ii) [now (a)(3)(B)(ii)] and redesignated former (a)(2)(B)(ii) as (a)(2)(B)(iii) [now (a)(3)(B)(iii)].

The 2017 amendment by No. 275, in (a)(2)(B)(iii) [now (a)(3)(B)(iii)], substituted “By” for “May be conducted by” and inserted a comma following “person”.

The 2017 amendment by No. 589, substituted “(a)(3)(B)” for “(a)(2)(B)” in (a)(1)(B)(ii); inserted (a)(2); and redesignated former (a)(2) as (a)(3).

The 2019 amendment by No. 168 redesignated the introductory language of (a)(1)(B) as part of (a)(1)(B)(i); and rewrote (a)(1)(B)(ii).

The 2019 amendment by No. 315 substituted “rules, or federal regulations” for “or regulations” in (a)(3)(A)(i) (b) [now (a)(3)(A)(ii) (a)(2)

The 2019 amendment by No. 1029 redesignated part of (a)(3)(A) as (a)(3)(A)(i) and (ii), and the former subdivisions accordingly; added (a)(3)(A)(iii); and made stylistic changes.

6-13-630. Election by zone and at large.

    1. The board of directors of any school district shall have the authority to provide by resolution adopted by a majority vote that a portion of the board members shall be elected by zone, at large, or a combination thereof.
    2. A candidate for a position to be elected by zones shall reside in the zone.
    3. The names of the candidates for at-large board positions shall appear upon the ballots throughout the school district.
  1. The resolution adopted by the board of directors shall prescribe the procedure for implementing the reorganization within four (4) years after the date of the passage of the resolution.
  2. Every such resolution adopted by the board of directors of such school district shall adopt a plan of election for members of the board of directors which will cause the selection procedures to be in compliance with the Voting Rights Act of 1965, 52 U.S.C. § 10301 et seq.
  3. The board of directors of the school district shall cause the resolution to be published at least thirty (30) days before the filing deadline for the next regular school election after the adoption of the resolution.

History. Acts 1989, No. 185, § 1.

Publisher's Notes. Acts 1989, No. 185, § 2, provided that nothing in this act shall be construed to repeal § 6-13-607.

6-13-631. Effect of minority population on election.

  1. The qualified electors of a school district having a ten percent (10%) or greater minority population out of the total population, as reported by the most recent federal decennial census information, shall elect the members of the board of directors as authorized in this section, utilizing selection procedures in compliance with the federal Voting Rights Act of 1965, as amended.
    1. At least ninety (90) days before the election, the local board of directors shall:
      1. By resolution, choose to elect members of the board of directors from five (5) or seven (7) single-member zones or from five (5) single-member zones and two (2) at large; and
      2. With the approval of the controlling county board of election commissioners, divide each school district having a ten percent (10%) or greater minority population into five (5) or seven (7) single-member zones in accordance with the federal Voting Rights Act of 1965, as amended.
    2. Zones shall have substantially equal population, with boundaries based on the most recent available federal decennial census information.
  2. A board of directors choosing to elect members of the board of directors by five (5) single-member zones and two (2) at-large positions may fill the two (2) at-large positions by drawing lots from among the current members of the board of directors.
      1. A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.
      2. A candidate for an at-large position must be a qualified elector and a resident of the school district.
      1. Except as provided in subsection (e) of this section, a member of a school district board of directors shall serve a five-year term.
      2. A term shall commence when the county court declares the results of the election by an order entered of record.
  3. At the first meeting of a new board of directors, the members shall establish initial terms by lot so that, to the extent possible, an equal number of positions are filled each year and not more than two (2) members' terms expire each year.
    1. At least one hundred (100) days before the second annual school election after each federal decennial census, the school district board of directors, with the approval of the county board of election commissioners of the county where the school district is administratively domiciled, shall:
      1. Divide each school district having a ten percent (10%) or greater minority population into single-member zones; and
        1. File a copy of the plan with the county clerk of the county where the school district is administratively domiciled.
        2. The plan filed with the clerk shall include a map showing the boundaries of the zones and documentation showing the population by race in each zone.
    2. The zones shall be based on the most recent federal decennial census information and be substantially equal in population.
    3. At the annual school election following the rezoning, a new school district board of directors shall be elected in accordance with procedures set forth in this section.
    1. The following school districts shall be exempt from the provisions of this section:
      1. A school district that is currently operating under a federal court order enforcing school desegregation or the federal Voting Rights Act of 1965, as amended;
      2. A school district that is operating under a preconsolidation agreement that is in compliance with the federal Voting Rights Act of 1965, as amended;
      3. A school district that has a zoned board of directors meeting the requirements of the federal Voting Rights Act of 1965, as amended; and
      4. A school district that a federal court has ruled is not in violation of the federal Voting Rights Act of 1965, as amended, so long as the court order is in effect.
    2. A school district which on August 13, 1993, was in the process of defending a lawsuit brought under the federal Voting Rights Act of 1965, as amended, shall also be exempt from the provisions of this section until such time as the lawsuit has been finally resolved.
      1. A school district released from operating under a federal court order enforcing school desegregation shall comply with the provisions of this section.
      2. The school district shall use the most recent federal decennial census information to create zones pursuant to this section within one hundred eighty (180) calendar days after the release from the court order.
      1. On or before August 1, 2002, and every decade thereafter, each and every school district shall submit to the Division of Elementary and Secondary Education a letter stating whether or not its school district board of directors falls under this section.
      2. In that same letter, each school district that falls under this section shall state how it has complied with this section.
      3. Furthermore, in the same letter, any school district that believes that it is exempt from this section shall state under which provision it is exempt.
    1. The division shall withhold twenty percent (20%) of the annual state funds allocation to a school district not in compliance with this section.
  4. The State Board of Education is hereby authorized to adopt rules necessary for the implementation of this section.

History. Acts 1993, No. 786, § 1; 1993, No. 1169, § 1; 1994 (2nd Ex. Sess.), No. 57, § 2; 1994 (2nd Ex. Sess.), No. 58, § 2; 1999, No. 1078, § 39; 2001, No. 1716, § 1; 2009, No. 959, § 1; 2011, No. 981, § 2; 2013, No. 968, § 1; 2019, No. 315, § 189; 2019, No. 910, § 1116.

Amendments. The 2009 amendment subdivided (f); and rewrote (f)(1).

The 2011 amendment deleted “Beginning with the 1994 annual school election” at the beginning of (a).

The 2013 amendment, in (f)(1), substituted “one hundred (100)” for “ninety (90)” and “school district” for “local” preceding “board of directors”, deleted “controlling” preceding “county board”, and inserted “of the county where the school district is administratively domiciled”; and inserted “filed with the clerk” in (f)(1)(B)(ii).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (i).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (h)(1)(A); and substituted “division” for “department” in (h)(2).

Cross References. Minorities in Arkansas Act of 2001, § 1-2-501 et seq.

U.S. Code. The federal Voting Rights Act of 1965, referred to in this section, is codified as 52 U.S.C. § 10301 et seq.

Case Notes

In General.

This section clearly does not represent any unconstitutional effort to reduce black political opportunity and does not involve majority vote requirements for run-offs. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

The legislature had no obligation to submit for preclearance the change toward single-member systems in school board elections embodied in this section. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

Where school district changed to a zone-election system because its black voting-age population totaled over 50 percent, and where subsection (e) of this section required that the school board members had to draw lots, so that no more than two positions were open for election at the same time, the candidates argued that this section required that a new board had to be elected any time a district engaged in rezoning of boundaries; however, under subsection (g)(1) of this section, there were clear exemptions that allowed a school district to deviate from the requirements of this section. Fields v. Marvell Sch. Dist., 352 Ark. 483, 102 S.W.3d 502 (2003).

Rezoning of Boundaries.

School district met the exceptions set out in the appplicable statute as operating under a 1971 federal desegregation order, as well as having a zoned school board, meeting the requirements of the Voting Rights Act of 1965, 42 U.S.C. 1973c [now 52 U.S.C. § 10304]. Accordingly, the argument that this section required that a new board had to be elected any time a district engaged in rezoning of boundaries, was rejected, and the trial court's decision that the only seat open for election was one expired at-large position, was affirmed. Fields v. Marvell Sch. Dist., 352 Ark. 483, 102 S.W.3d 502 (2003).

Voters who prevailed on a claim against a school district for failing to adopt new district lines following the census, in violation of this section, were not entitled to prevailing party attorney's fees because the trial court clearly awarded relief solely under this section, which did not provide for attorney's fees. Fluker v. Helena-West Helena Pub. Sch. Dist., 2012 Ark. 327 (2012).

Voting Rights Act.

School district, which filed a complaint requesting entry of an order stating that the school district was in compliance with the Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.) and therefore did not have to elect by single-member zones as required by this section, lacked standing to bring an action under the federal act. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

Cited: Harvell v. Blytheville Sch. Dist. No. 5, 126 F.3d 1038 (8th Cir. 1997); Helena-West Helena Sch. Dist. v. Fluker, 371 Ark. 574, 268 S.W.3d 879 (2007).

6-13-632. Adequate meeting facilities required.

  1. The board of directors of schools with an average daily membership of at least twenty-five thousand (25,000) shall hereafter hold all school district board of director meetings and public hearings in facilities that will adequately accommodate individuals with disabilities and the number of patrons anticipated to attend.
  2. If a single room is not large enough or adequate to accommodate individuals with disabilities and the number of patrons who attend, the board of directors shall utilize closed-circuit television or other means which will assure full participation by all in attendance.

History. Acts 1993, No. 891, § 1.

A.C.R.C. Notes. Pursuant to Acts 2007, No. 515, § 1, the term “the disabled” in this section has been replaced with “individuals with disabilities”.

6-13-633. [Repealed.]

Publisher's Notes. This section, concerning vacancy created when school board member no longer lives in district, was repealed by 2015, No. 843, § 5. The section was derived from Acts 1999, No. 898, § 1. For current law, see § 6-13-611.

6-13-634. School district board of directors — Size.

    1. A school district shall have a board of directors with five (5) members or seven (7) members.
    2. A school district may have a board of directors with nine (9) members if the school district has an average daily membership of twenty thousand (20,000) or more.
    1. Subsection (a) of this section does not apply to those school districts that have a board of directors of seven (7) members, or in the case of a school district having an average daily membership of twenty thousand (20,000) or more, and having chosen to elect nine (9) members, if the school district is operating under a court order or a consolidation agreement that provides for a board of directors.
    2. Except as otherwise provided by law, a school district that elects its directors from single-member zones is subject to the requirements of this section.
    1. A school district board of directors shall not have an even number of directors.
    2. No less than ninety (90) days before the next annual school election, a school district seeking to increase or decrease the number of its directors shall file a petition with the State Board of Education to establish the requisite odd number of directors.
    3. The school district shall publish notice of the filing of the petition within ten (10) days thereafter for one (1) insertion in a newspaper having a general circulation in the school district.
    4. Upon a showing that the increase or decrease will be for the benefit of the school district petitioning for it, the State Board of Education may enter an order to increase or decrease the number of directors for the school district to a number of directors provided under subsection (a) of this section.
    5. The order directing an increase or decrease shall be entered not more than sixty (60) days after the publication of the notice under subdivision (c)(3) of this section.
    6. If the number of members of a board of directors is decreased under this section, the board of directors in office on August 12 before the next regular school election shall draw lots to determine which board positions will be eliminated.
  1. Any change in the number of directors serving on a school district board of directors under this section is effective upon the directors' taking office following the next regular annual school election.

History. Acts 1999, No. 1078, § 29; 2005, No. 2151, § 13; 2013, No. 1155, § 11; 2019, No. 824, §§ 1, 2.

Amendments. The 2013 amendment added (b)(2); substituted “A school district board of directors shall not” for “No board of directors shall” in (c)(1); substituted “a school district seeking to increase or decrease the number of its directors shall” for “any school district with an even number of directors shall” in (c)(2); inserted (c)(3) through (c)(5); in (c)(6), substituted “is decreased under this section” for “needs to be reduced to create an odd number of directors” and “before the next regular school election” for “2005”; in (d), substituted “a school district” for “the local school” and “next regular” for “2005”; and made stylistic changes.

The 2019 amendment rewrote (a); and substituted “membership of twenty thousand (20,000) or more, and having chosen to elect nine (9) members, if the school district” for “attendance of twenty-four thousand (24,000) or more, nine (9) members, if that school district” in (b)(1).

6-13-635. School board review and approval of salary increases — Definition.

  1. As used in this section, “salary increase” means an increase in the salary paid to a school district employee for performing substantially the same job functions as the employee performed before receiving the salary increase.
      1. A school district board of directors shall review and approve by a written resolution an increase in salary of five percent (5%) or more for a school district employee.
      2. The resolution shall include the reasons for the salary increase, which may include without limitation:
        1. A bonus that is not added to the employee's salary;
        2. An incentive bonus provided:
          1. For National Board for Professional Teaching Standards certification under § 6-17-413; (b) To a certified speech-language pathologist under § 6-17-413; (c) For teacher recruitment or retention in high-priority school districts under § 6-17-811; (d) To a master principal under § 6-17-1603; or (e) Under another specific provision of law; or
        3. An increase in salary received as a result of the school district employee moving into a new position with substantially different job functions.
      1. The school district shall provide a certified copy of the written resolution required under this subsection to the auditor who conducts the annual financial audit of the school district.
      2. Within thirty (30) days following the date of an audit report in which an auditor notes noncompliance under this section, the school district shall provide a copy of the audit report to the Division of Elementary and Secondary Education.
      3. Annually by October 1, the division shall:
        1. Compile a list of the reports of noncompliance received under this section; and
        2. Provide the list to the House Committee on Education and the Senate Committee on Education.

History. Acts 2013, No. 1120, § 1; 2019, No. 910, §§ 1117, 1118.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(B); and substituted “division” for “department” in the introductory language of (b)(2)(C).

Subchapter 7 — School District Treasurer

Effective Dates. Acts 1943, No. 269, § 9: Mar. 18, 1943. Emergency clause provided: “Because of the confusion that has arisen in ascertaining the true financial condition of many of the larger school districts in the state, and because of the inability of the officials of said school districts to ascertain the true financial condition of such districts, resulting in such districts often exceeding their revenue; Therefore, an emergency is hereby declared to exist, and this act, being necessary for the preservation of public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-701. Powers and duties — Definition.

  1. The board of directors of any school district in Arkansas is authorized to appoint a treasurer to handle the funds of the school district.
  2. The treasurer shall be appointed at a regular meeting of the board of directors.
  3. An executed certificate of appointment shall be filed with the county clerk, the county treasurer, and the Secretary of the Department of Finance and Administration.
  4. School district treasurers shall execute a surety bond in such amount as may be required by the secretary, who shall approve the bond. The premium on the bond shall be paid out of the funds of the school district.
  5. The duties of the school district treasurer shall be as follows:
      1. To receive and disburse funds of the school district. Disbursements of such funds shall be made only upon:
        1. Checks or warrants signed by the disbursing officer of the school district board of directors and by the superintendent of the school district; or
        2. The electronic transfer of funds if the electronic transfer is:
          1. Initiated by the school district; and
          2. Authorized in writing by both the disbursing officer of the board of directors and the superintendent of the school district.
      2. As an evidence of authority for disbursement of any funds, the school district treasurer shall have on hand approved:
        1. Invoices;
        2. Payrolls that conform with written contracts on file in his or her office; and
        3. Other appropriate documentation that indicates an authority for disbursement;
    1. To keep a record of all financial transactions of the school district on forms approved by the Division of Elementary and Secondary Education and Arkansas Legislative Audit;
    2. To make a monthly statement to the school district board of directors of the financial condition of the school district;
    3. To submit an annual statement of the affairs of the school district to the school district board of directors in July of each year;
    4. To make such financial reports to the division as are required by law;
    5. To not be interested directly or indirectly in any contract authorized by the school district board of directors;
    6. To make his or her records available at all times for inspection by any taxpayer of the school district; and
    7. To perform all duties now imposed by law upon the treasurer of a school district and to be subject to all regulations or rules.
      1. All local taxes of the school district shall be remitted to the county treasurer by the county collector.
      2. The county treasurer shall remit the funds in a timely manner to the school district treasurer in those school districts maintaining a school district treasurer.
    1. The school district treasurer shall issue duplicate receipts for all funds he or she receives. The original shall be transmitted to the party making the remittance, and the duplicate shall be kept by the school district treasurer.
    1. As used in this section, “activity funds” means those funds whose sources of revenues are from:
      1. The sale of tickets to athletic contests or other school-sponsored activities;
      2. The sale of food, except that which is sold in the lunchroom;
      3. The sale of soft drinks, school supplies, and books; and
      4. Fees charged by clubs and organizations.
      1. All school districts may maintain activity funds and school service funds at the school.
      2. All activity funds and school food service funds shall be maintained and accounted for in accordance with guidelines and procedures established by the division.
      3. The superintendent of the school maintaining activity funds and school food service funds shall be the official custodian of all activity funds and school service funds and shall be responsible and accountable for the funds.
      4. By resolution adopted by a majority vote of the local school district board of directors, the superintendent may appoint another school employee to be the cocustodian of any or all activity funds and school food service funds.
      5. The cocustodian shall also be responsible and accountable for activity funds and school food service funds maintained by the cocustodian.
  6. The county treasurer shall receive as commission for handling the funds of such school districts only one-fourth of one percent (0.25%) of all funds passing through his or her hands on which county treasurers are authorized by law to charge commissions.
  7. The records of the school district treasurers shall be audited by Arkansas Legislative Audit annually in the same manner as now provided for the auditing of county officials.
  8. The fraudulent use by the school district treasurer of any funds of the school district or by any school district board members shall constitute a Class C felony. Upon conviction, such person shall be ordered to pay in restitution an amount double the amount involved.

History. Acts 1943, No. 269, §§ 1-7; A.S.A. 1947, §§ 80-521 — 80-527; Acts 1987, No. 764, § 2; 1993, No. 294, § 7; 1995, No. 233, § 2; 1999, No. 1078, § 40; 2005, No. 1994, § 418; 2009, No. 376, § 7; 2011, No. 989, § 4; 2019, No. 315, § 190; 2019, No. 910, §§ 1119-1122.

A.C.R.C. Notes. The operation of subsection (d) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

Amendments. The 2009 amendment redesignated the text in (f)(1); and inserted “county” preceding “collector” in (f)(1)(A).

The 2011 amendment subdivided (e)(1); rewrote (e)(1)(A)(i); inserted (e)(1)(A)(ii); substituted “the school district treasurer” for “he or she” in (e)(1)(B); and added (e)(1)(B)(iii).

The 2019 amendment by No. 315 added “or rules” in (e)(8).

The 2019 amendment by No. 910 substituted “Secretary” for “Director” in (c); substituted “secretary” for “director” in (d); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e)(2), (e)(5), and (g)(2)(B).

6-13-702. [Repealed.]

Publisher's Notes. This section, concerning districts with more than 5,500 pupils and annual budget exceeding $250,000, was repealed by Acts 1995, No. 233, § 21. The section was derived from Acts 1947, No. 363, §§ 1-6; A.S.A. 1947, §§ 80-528 — 80-533; Acts 1987, No. 764, § 1.

6-13-703. [Repealed.]

Publisher's Notes. This section, concerning continuance of existing treasurer positions, was repealed by Acts 1993, No. 294, § 7. The section was derived from Acts 1931, No. 205, §§ 1, 2; Pope's Dig., §§ 11738, 11739; A.S.A. 1947, §§ 80-519, 80-520.

Subchapter 8 — Educational Compacts Generally

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-801. Authorization.

  1. Any two (2) or more school districts in this state are authorized to enter into compacts, as authorized by this subchapter, to share or provide educational facilities, resources, and opportunities, including without limitation alternative educational programs, secondary area vocational centers, and community-based education programs that the boards of directors of the compacting school districts determine may be better and more efficiently provided by such compact agreements rather than by each school district acting in its individual capacity.
  2. If all of the school districts that have entered into a compact are within the service area of the same education service cooperative, that education service cooperative is also authorized to enter into the compact.
  3. The members of the compact may jointly enter into lease agreements for the purpose of renting facilities.

History. Acts 1961, No. 22, § 1; A.S.A. 1947, § 80-439; Acts 1999, No. 1554, § 1.

6-13-802. Provisions.

Compacts entered into under the provisions of this subchapter shall:

  1. Be in writing and specify the effective date thereof, the duration thereof, and provisions for termination of the compact, if any, desired by the compacting school districts;
  2. Include a description of the buildings, facilities, equipment, teachers, or other educational facilities or opportunities to be shared or provided under the compact agreement;
  3. Prescribe the method of financing the compact agreement, including the charges or allowances of each participating school district, the method of apportioning such finances, and such other requirements as may be necessary to establish the financial rights and obligations of each participating school district under the compact;
  4. Specify the rights and obligations of each school district upon termination of the compact agreement or upon withdrawal of any member school district from the compact agreement;
    1. Provide for the administration of the compact agreement by a compact board consisting of the president and secretary of each member school district and such additional members as the compact agreement may provide.
    2. All members of the compact board shall be members of the boards of directors of the participating compact school districts; and
  5. Contain such other provisions or limitations not inconsistent with this subchapter as may be necessary to accomplish the purpose of the compact agreement.

History. Acts 1961, No. 22, § 2; A.S.A. 1947, § 80-440.

6-13-803. Approval by school district board of directors.

  1. Before any compact shall become binding upon any member school district, the board of directors of each school district shall approve, by majority action of the entire membership, a resolution approving the compact agreement and the participation of the school district therein as specified in the provisions of the compact agreement.
  2. Before entering into any compact agreement under this subchapter, the board of directors of each member school district shall, by majority action of the members thereof, make a finding that the educational opportunities and services to be rendered or received by the school district and the cost thereof to the school district under the proposed compact are necessary, reasonable, and justified expenses of the school district.

History. Acts 1961, No. 22, § 3; A.S.A. 1947, § 80-441.

6-13-804. Approval by State Board of Education.

All compacts entered into under this subchapter shall be first submitted to and approved by the State Board of Education before the compacts shall become effective.

History. Acts 1961, No. 22, § 4; A.S.A. 1947, § 80-442.

6-13-805. Amendments, alterations, and changes.

Amendments, alterations, or changes in compact agreements may be made by the same methods and procedures as are provided in this subchapter for the establishment of compact agreements.

History. Acts 1961, No. 22, § 5; A.S.A. 1947, § 80-443.

6-13-806. Indebtedness and pledge of millage.

Nothing in this subchapter shall be construed to authorize any school district to incur bonded indebtedness and pledge millage rates for the acquisition of lands or the construction of buildings in any school district other than within the school district so incurring that indebtedness and pledging that millage.

History. Acts 1961, No. 22, § 6; A.S.A. 1947, § 80-444.

6-13-807. Student residence unchanged.

Children educated under compact agreements shall, for educational purposes, be considered as attending the school district of their residence.

History. Acts 1961, No. 22, § 7; A.S.A. 1947, § 80-445.

6-13-808. The Arkansas Traveling Teacher Program.

  1. The Arkansas Traveling Teacher Program is hereby established and shall be administered by the Division of Elementary and Secondary Education with the assistance of public school districts and education service cooperatives.
    1. Pursuant to the provisions of this section, and to the extent sufficient funding is available, the following persons and public school districts may enter into an agreement to provide traveling teacher services for one (1) or more receiving school districts for one (1) or more courses required by the Standards for Accreditation of Arkansas Public Schools and School Districts and any advanced placement courses required by § 6-16-1204:
      1. A traveling teacher who is appropriately licensed in Arkansas as a teacher and employed on a full-time equivalent basis by a host school district;
      2. A host school district that is an Arkansas public school district with a student population of eight thousand (8,000) students or fewer and that desires to provide traveling teacher services to a receiving school district; and
      3. A receiving school district that is a public school district other than the host school district and that desires to receive traveling teacher services.
    2. The parties shall enter into a written agreement, in the form established by the division, that shall include without limitation the following:
      1. That the traveling teacher is to provide professional teaching services to the receiving school district for one (1) or more required courses;
      2. The amount of the bonus to be provided to the traveling teacher under subdivision (c)(1)(A) of this section;
      3. For each course to be taught under the agreement:
        1. A description of the course;
        2. The time and day for teaching each course; and
        3. The exact location where the course will be taught;
        1. Whether the agreement is for a school semester or a school year.
        2. No agreement shall be for a time period longer than a school year or shorter than a school semester;
        1. That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district.
        2. The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district;
      4. That at all times during the period of the agreement, the traveling teacher is an employee of the host school district and is subject to the personnel policies and contractual obligations of the host school district; and
        1. That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district.
        2. The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement.
    3. The agreement shall be reviewed and approved by the division under subsection (f) of this section.
  2. To the extent the agreement is approved by the division:
      1. Upon completion of the traveling teacher's services provided under the agreement and under the terms of the agreement, the host school district shall pay the traveling teacher, in addition to the amount required by the teacher's annual teacher's contract with the host school district a bonus of either:
        1. Two thousand dollars ($2,000) for a semester agreement; or
        2. Four thousand dollars ($4,000) for a full school year agreement.
      2. The division shall reimburse the host school district for the amount of bonus paid to the traveling teacher; and
      1. The host school district shall reimburse the traveling teacher for expenses related to travel to and from a receiving school district at the appropriate state rate of reimbursement in existence and approved by the Department of Finance and Administration for the school year in which the traveling teacher's services are provided.
      2. The division shall reimburse the host school district for the amount of travel reimbursement paid by the host school district to the traveling teacher.
  3. Neither the division nor the State of Arkansas shall be obligated or liable to reimburse any bonus or travel expenses incurred under an agreement for traveling teacher services under this section if the division has not reviewed and approved the entire agreement.
  4. The division may, if feasible and if funding is available, establish an online registry of public school teachers willing to enter into an agreement for traveling teacher services under this section with information concerning the teacher's employing school district and any course the teacher is qualified to teach.
    1. All proposed agreements among a host school district, a receiving school district, and a traveling teacher shall be submitted to the division by a date certain for review and approval by the division.
    2. The division shall review each agreement with all requisite authority to approve or deny the agreement based on the provisions of law, rule, availability of funding, and discretionary determination as to the best use of state resources and funding.
    3. The division shall endeavor to consider approval of an agreement to:
      1. Place a traveling teacher with a receiving school district to maximize the efficiency of the traveling teacher's service to both the host and receiving school districts; and
      2. Minimize the extent and duration of any travel required.
    1. The division shall establish any rules and agreement forms necessary for the administration of the Arkansas Traveling Teacher Program.
    2. In establishing the rules, the division shall:
      1. Prioritize the approval of agreements for traveling teacher services based on subject-area course needs;
      2. Establish appropriate travel limitations;
      3. Develop a method of equitable distribution of traveling teachers among the area's education service cooperatives; and
      4. Provide a means by which education service cooperatives may assist in facilitating traveling teachers.
  5. No provision of this section is intended or should be interpreted to waive any immunity or defense of the State of Arkansas or its various agencies, boards, or commissions and no person shall be deemed to have any legal entitlement, recourse, or cause of action against the State of Arkansas or its various agencies, boards, or commissions based on the terms, conditions, or provisions of this section.
  6. An agreement for traveling teacher services under this section is not governed by or subject to the provisions of The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

History. Acts 2007, No. 1027, § 1; 2019, No. 910, §§ 1123-1130.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

Subchapter 9 — The Public School Educational Cooperative Act of 1981

Effective Dates. Acts 1981, No. 860, § 8: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that the establishment of voluntary educational cooperatives is vital to the educational system of the State and that it is necessary to specifically designate such cooperatives as intermediate units in order to eliminate duplicating efforts on the part of school districts, and that it is immediately necessary for this Act to go into effect to conserve funds for public education. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-901. Title.

The title of this subchapter shall be “The Public School Educational Cooperative Act of 1981”.

History. Acts 1981, No. 860, § 1; A.S.A. 1947, § 80-470.

6-13-902. Definitions.

As used in this subchapter:

  1. “Educational cooperative” means a voluntary association of school districts to share resources, personnel, materials, and equipment and to provide and improve services and programs to students; and
  2. “Public school district” means any public school district in the state serving students in a kindergarten through grade twelve (K-12) program or a grade one through twelve (1-12) program.

History. Acts 1981, No. 860, § 2; A.S.A. 1947, § 80-471; Acts 2017, No. 275, § 2.

Amendments. The 2017 amendment substituted “kindergarten” for “kindergarden” in (2).

Case Notes

Educational Cooperative.

Educational cooperative, unless covered by liability insurance for the damages alleged in a complaint against it, was immune from liability and from suit for damages under § 21-9-301 because it was an agency of a school district. Ark. River Educ. Servs. v. Modacure, 371 Ark. 466, 267 S.W.3d 595 (2007).

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

6-13-903. Powers.

  1. Public school districts in the State of Arkansas are empowered to voluntarily agree to share programs, personnel, materials, and equipment for the purpose of enlarging curriculum or services or providing new services to students in their respective school districts.
  2. The educational cooperatives are empowered to receive state, local, and federal funds that have been assigned to the educational cooperatives by the member school districts and are also empowered to spend those funds on behalf of the school districts assigning those funds.
  3. The Division of Elementary and Secondary Education shall not distribute state equalization aid directly to any educational cooperative.

History. Acts 1981, No. 860, § 3; A.S.A. 1947, § 80-472; Acts 1999, No. 391, § 4; 2019, No. 910, § 1131.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-13-904. Agents for school districts.

  1. The educational cooperatives will act as an agency for all or some of the member school districts in dealings with other governmental and private agencies.
  2. The educational cooperatives will have the power to contract and handle funds for the member school districts under conditions specified in the agreement between the member school districts and federal law and regulations and state law and rule.

History. Acts 1981, No. 860, § 4; A.S.A. 1947, § 80-473; 2019, No. 315, § 191.

Amendments. The 2019 amendment substituted “federal law and regulations and state law and rule” for “federal and state law and regulation” in (b).

Case Notes

Immunity From Suit.

Educational cooperative, unless covered by liability insurance for the damages alleged in a complaint against it, was immune from liability and from suit for damages under § 21-9-301 because it was an agency of a school district. Ark. River Educ. Servs. v. Modacure, 371 Ark. 466, 267 S.W.3d 595 (2007).

6-13-905. Board of directors.

  1. Each educational cooperative will be governed by a board of directors consisting of one (1) representative appointed by the board of directors of each cooperating school district.
  2. The board of directors shall be empowered to hire a director and other employees and to contract for services, supplies, and equipment.
  3. Policies for the operation of the educational cooperative will be developed by the board of directors and be filed with the Division of Elementary and Secondary Education as required by law of school districts generally.

History. Acts 1981, No. 860, § 5; A.S.A. 1947, § 80-474; Acts 1999, No. 398, § 1; 2019, No. 910, § 1132.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-13-906. Rules and reports.

  1. The educational cooperative will:
    1. Abide by all rules of the Division of Elementary and Secondary Education which apply to school districts generally; and
    2. Make all reports as required by law and rule which apply to school districts generally to the division.
    1. Records of the expenditures and receipts of the educational cooperatives shall be kept in such manner and on such forms as may be specified by the division or the School Audit Section of Arkansas Legislative Audit.
    2. Reports on expenditures and receipts shall be made for the cooperative as a single agency or shall be made separately by the school districts to reflect the status of each member school district at such time and in such manner as specified by the division.

History. Acts 1981, No. 860, §§ 5, 6; A.S.A. 1947, §§ 80-474, 80-475; Acts 2019, No. 315, § 192; 2019, No. 910, § 1133.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(1); and substituted “rule” for “regulation” in (a)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (a)(2), (b)(1), and (b)(2).

Subchapter 10 — The Education Service Cooperative Act of 1985

Cross References. Contributions and donations to educational service cooperatives deductible from state income tax, § 26-51-420.

Educational standards and quality generally, § 6-15-201 et seq.

Effective Dates. Acts 1985, No. 349, § 21: Mar. 14, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Education Service Cooperatives, as provided for in this Act, are essential if needed improvements are to be made in the public school programs of this State and that immediate action is necessary if such Education Service Cooperatives are to be formed and ready for operation by the beginning of the 1985-86 school year. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public welfare, shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

6-13-1001. Title.

The title of this subchapter shall be “The Education Service Cooperative Act of 1985”.

History. Acts 1985, No. 349, § 1; A.S.A. 1947, § 80-489.

6-13-1002. Education service cooperatives established — Functions.

    1. The State Board of Education is authorized to establish a statewide system of not more than fifteen (15) multicounty education service cooperatives of school districts.
    2. Such education service cooperatives shall be intermediate service units in the state's elementary and secondary education system and as such shall be eligible to receive and expend funds from state and federal governments, school districts, and other public or private sources.
  1. Education service cooperatives established by this subchapter will provide to school districts which choose to use them assistance in:
    1. Meeting or exceeding accreditation standards and equalizing educational opportunities;
    2. Using educational resources more effectively through cooperation among school districts; and
    3. Promoting coordination between school districts and the Division of Elementary and Secondary Education in order to provide services which are consistent with the needs identified by school districts and the educational priorities of the state as established by the General Assembly or the state board.

History. Acts 1985, No. 349, § 2; A.S.A. 1947, § 80-489.1; Acts 2019, No. 910, § 1134.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3).

Case Notes

Immunity.

An education service cooperative created pursuant to this subchapter was not entitled to sovereign immunity. Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

Educational cooperative, unless covered by liability insurance for the damages alleged in a complaint against it, was immune from liability and from suit for damages under § 21-9-301 because it was an agency of a school district. Ark. River Educ. Servs. v. Modacure, 371 Ark. 466, 267 S.W.3d 595 (2007).

6-13-1003. Boundaries — Adjustments.

  1. The State Board of Education shall establish tentative boundaries for the system of education service cooperatives authorized by this subchapter.
  2. These education service cooperatives shall be established so that:
    1. They include at least three (3) but no more than nine (9) counties;
    2. They include at least ten (10) but no more than thirty-five (35) school districts;
    3. They include at least twenty thousand (20,000) pupils in kindergarten through grade twelve (K-12) average daily membership;
    4. They include at least one (1) postsecondary education institution; and
    5. There is no more than fifty (50) miles distance or approximately one (1) hour driving time to the area's main offices for ninety percent (90%) of the school districts.
    1. The state board may make adjustments in the boundaries when criteria such as minimum average daily membership and maximum driving distances conflict.
    2. However, no more than four (4) of the areas formed may contain fewer than twenty thousand (20,000) students.
    3. In no case shall any education service cooperative be established with fewer than twelve thousand (12,000) pupils.

History. Acts 1985, No. 349, § 3; A.S.A. 1947, § 80-489.2; Acts 2011, No. 981, § 3.

Amendments. The 2011 amendment substituted “kindergarten” for “kindergarden” in (b)(3).

6-13-1004. Requests for establishment of education service cooperative — Requirements.

  1. Education service cooperatives shall be established when seventy-five percent (75%) of the school districts in a proposed education service cooperative area request such action by formal resolutions filed by the school district boards of directors with the Commissioner of Education.
  2. Each resolution shall, in addition to requesting establishment of an education service cooperative, indicate by name or position that school district's representative on the board of directors of the proposed education service cooperative.
  3. Requests must be filed by seventy-five percent (75%) of the school district boards of directors by May 1 if an education service cooperative is to be established for the following school year.

History. Acts 1985, No. 349, § 4; A.S.A. 1947, § 80-489.3.

6-13-1005. Alteration of boundaries.

  1. The State Board of Education, upon the request of one (1) or more school district boards of directors, and consistent with the provisions of § 6-13-1003, may alter the boundaries of a proposed or operational education service cooperative when it determines such alteration to be in the best interest of the school districts in the education service cooperatives involved.
  2. Consistent with § 6-13-1003, a member of an education service cooperative formed after January 1, 1984, under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq., may not be moved to another education service cooperative without that member's consent.

History. Acts 1985, No. 349, § 5; A.S.A. 1947, § 80-489.4; Acts 2009, No. 376, § 8.

Amendments. The 2009 amendment rewrote (b).

6-13-1006. Board of directors.

  1. Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by each school district board of directors within the boundary of the education service cooperative.
  2. No school district may have official representation on more than one (1) education service cooperative board of directors.
  3. The board of directors of each established education service cooperative shall:
    1. Function as a public corporate body;
    2. Meet except as otherwise provided in § 6-13-1007, at least eight (8) times each year; and
    3. Exercise general fiduciary responsibilities for the education service cooperative with regard to policies and practices which guard the integrity of the agency and maintain public trust in its operation.
  4. Such responsibilities, consistent with funds available, shall include, but not be limited to:
    1. Employment of a director of the education service cooperative who shall serve as the nonvoting executive officer of the board of directors;
    2. Establishment of policies and procedures for the operation and management of the education service cooperative, which shall be in written form and shall be filed with the State Board of Education;
    3. Preparation of an annual budget estimating income and expenditures for programs and services in accordance with procedures established by the state board;
    4. Receipt and expenditure of funds needed to provide programs and services in the area;
    5. Making such surveys or other inquiries which may be required to determine the service needs of school districts in the education service cooperative and developing plans to provide such needed services;
    6. Employment, upon the recommendation of the director of the education service cooperative, of such personnel as may be required to provide the services requested by the school districts in the area;
    7. Implementation of policies established by the state board for the operation of education service cooperatives;
    8. Cooperation with other education service cooperatives, school districts, and other agencies to provide programs and services for children and adults residing within their respective areas;
    9. For facilities and buildings as may be required to provide authorized programs and services:
      1. Renting, leasing, purchasing, constructing, or receiving by gift;
      2. Borrowing from the revolving loan fund under § 6-20-818; or
      3. Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and
    10. Carrying out such other duties as may be required for the efficient operation of the education service cooperative for which the board of directors is responsible.

History. Acts 1985, No. 349, § 10; A.S.A. 1947, § 80-489.9; Acts 1999, No. 398, § 2; 2005, No. 1181, § 1; 2017, No. 741, § 1; 2019, No. 910, § 3365.

Amendments. The 2017 amendment substituted “For” for “Renting, leasing, purchasing, constructing, or receiving by gift such” in (d)(9); and added (d)(9)(A) though (d)(9)(C).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and “the Secretary” for “Director” in (d)(9)(C).

Case Notes

Cited: Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

6-13-1007. Executive committee.

    1. In a meeting, with a majority of its members present and voting, the board of directors of an education service cooperative may elect from its membership an executive committee of seven (7), nine (9), or eleven (11) members.
    2. Candidates for the executive committee, if one is formed, shall be chosen so that the school districts within the education service cooperative are equitably represented.
    3. All subsequent members of the executive committee shall be elected by a majority vote of the board of directors in attendance at the annual meeting.
  1. The function of the executive committee shall be to carry out those duties delegated to it by the governing board of directors, the provisions of § 6-13-1006 notwithstanding.
  2. Terms of executive committee members shall be three (3) years except for the initial members which shall have terms assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be elected each year. Vacancies occurring after the annual meeting shall be filled by the executive committee until the next annual meeting.
  3. Should an executive committee be established in any education service cooperative, it shall meet at least nine (9) times per year, and the requirements for board of directors meetings shall be reduced to three (3) times annually. The president of the board of directors shall serve as chair of the executive committee. No person, however, may serve in this position for more than two (2) consecutive years.

History. Acts 1985, No. 349, § 11; A.S.A. 1947, § 80-489.10.

6-13-1008. Teacher center — Teacher center committee.

  1. Each education service cooperative shall establish a teacher center which will provide, consistent with funds available, curriculum development assistance, educational materials, and staff development services to teachers within the school districts in the service area.
  2. A teacher center committee, composed of at least one (1) representative from the staff of each school district, shall advise the director and the governing body on the staffing, programs, and operation of the teacher center.
  3. The governing body of each cooperative shall determine the initial composition of the teacher center committee to achieve a balance of elementary, middle school or junior high, and high school personnel and assure that at least one-half (½), but not more than two-thirds (2/3), of the members are classroom teachers.
  4. All positions on the committee shall be assigned to school districts by lot.
  5. Each teacher must be elected by colleagues in his or her school district, and each administrator or support person shall be appointed by the superintendent.
  6. Initial terms shall be determined by lot for equal or nearly equal periods of one (1), two (2), and three (3) years.
  7. Thereafter, terms shall be for three (3) years.
  8. The committee shall meet at least three (3) times per year.
  9. In the last meeting each year, positions represented by expiring terms shall be reassigned by lot.

History. Acts 1985, No. 349, § 12; A.S.A. 1947, § 80-489.11.

6-13-1009. Cooperative committees generally.

Each education service cooperative may establish other committees of local school personnel needed to keep its programs responsive to the schools it serves.

History. Acts 1985, No. 349, § 13; A.S.A. 1947, § 80-489.12.

6-13-1010. Director.

  1. Each education service cooperative shall be administered by a director who shall perform the following duties:
    1. Administer the programs and services of the education service cooperative;
    2. Recommend the employment of professional and nonprofessional personnel authorized by the education service cooperative's governing body;
    3. Prepare the budget for adoption by the education service cooperative's governing body;
    4. Direct expenditures of funds within the budget; and
    5. Perform other duties as required by the education service cooperative's governing body and the policies and rules of the State Board of Education.
  2. The director of each education service cooperative shall:
    1. Hold an administrator's license and meet all requirements to serve as a superintendent of schools in the State of Arkansas; or
    2. Have an equivalent level of education and administrative experience and obtain the approval of the state board.
  3. The governing body of any education service cooperative may enter into a contract with a director for a period not to exceed three (3) years.

History. Acts 1985, No. 349, § 16; A.S.A. 1947, § 80-489.15; Acts 2009, No. 376, § 9; 2013, No. 1073, § 5; 2013, No. 1138, § 7; 2019, No. 315, § 193.

Amendments. The 2009 amendment inserted “state” in (b)(2).

The 2013 amendments by Nos. 1073 and 1138 substituted “license” for “certificate” in (b)(1).

The 2019 amendment substituted “and rules” for “rules, and regulations” in (a)(5).

6-13-1011. Personnel generally.

    1. Personnel of education service cooperatives shall be employed in accordance with laws, rules, and procedures applicable to the school districts of this state.
    2. In lieu of a salary schedule, an education service cooperative annually may submit to the Division of Elementary and Secondary Education a complete listing of all employees of the education service cooperative and each employee's position, salary, and benefits.
  1. License requirements shall be the same as those expected of persons holding similar positions in local school districts.
  2. Termination or contract nonrenewal of education service cooperative personnel shall be as provided by law for the school district personnel.

History. Acts 1985, No. 349, § 17; A.S.A. 1947, § 80-489.16; Acts 2009, No. 1289, § 1; 2013, No. 1073, § 6; 2013, No. 1138, § 8; 2019, No. 315, § 194; 2019, No. 910, § 1135.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2013, No. 1138. Acts 2013, No. 1073, amended (b) to read as follows:

“(b) Licensure requirements shall be the same as those expected of persons holding similar positions in local school districts.”

Amendments. The 2009 amendment added (a)(2).

The 2013 amendment by No. 1138 substituted “License” for “Certificate” in (b).

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (a)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

6-13-1012. Agency personnel.

With the approval of an education service cooperative's governing body, the Commissioner of Elementary and Secondary Education may assign state educational agency personnel to that education service cooperative.

History. Acts 1985, No. 349, § 14; A.S.A. 1947, § 80-489.13; Acts 2019, No. 910, § 1136.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “directors in the Department of Education”.

Case Notes

Cited: Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

6-13-1013. Policies and rules.

  1. The State Board of Education shall develop such policies and rules as may be needed for the proper administration of this subchapter consistent with the need to support and assist education service cooperatives in the delivery of services to school districts and with prudent use of available human and financial resources.
  2. The policies and rules shall include without limitation:
    1. The rules governing the operation of an education service cooperative within appropriate state and federal laws;
    2. Guidelines for settling possible disputes between school districts and in equity or jurisdictional matters relating to shared assets and services;
    3. The obligation of an education service cooperative board of directors for overseeing administrative and program expenditures; and
    4. The fiscal distress status of an education service cooperative under §§ 6-13-1027 — 6-13-1031.

History. Acts 1985, No. 349, § 14; A.S.A. 1947, § 80-489.13; Acts 2009, No. 1289, § 2; 2019, No. 315, § 195.

Amendments. The 2009 amendment rewrote (b).

The 2019 amendment substituted “and rules” for “rules, and regulations” in (a).

6-13-1014. Sharing and coordination of activities — Liaison.

  1. The Division of Elementary and Secondary Education shall encourage sharing and coordination of activities among the education service cooperatives.
  2. The Commissioner of Elementary and Secondary Education shall name a person to serve as liaison between the division and the education service cooperatives.
  3. This liaison shall provide information on resources and programs and be the general contact person in the division for the education service cooperatives.

History. Acts 1985, No. 349, § 14; A.S.A. 1947, § 80-489.13; Acts 2019, No. 910, § 1137.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); and substituted “division” for “department” in (b) and (c).

6-13-1015. Liaison with postsecondary institutions.

  1. Each education service cooperative, in carrying out its programs and services, shall cooperate with the various state-supported postsecondary educational institutions located within its area.
  2. Each such postsecondary institution, within the availability of funds and personnel, shall establish liaison with the education service cooperatives in its service area and assist them in all practical ways.

History. Acts 1985, No. 349, § 15; A.S.A. 1947, § 80-489.14.

6-13-1016. Annual surveys and needs assessments.

  1. Each education service cooperative shall conduct annual surveys and needs assessments to assist the education service cooperative in its first priority of helping school districts improve their educational programs and practices.
  2. Such activities may include written surveys, visits to schools to meet with local personnel, and other means to identify local needs throughout the service area.
  3. Each education service cooperative shall work with the Division of Elementary and Secondary Education to conduct statewide surveys which complement, rather than duplicate, the work of the division.
  4. The objective shall be to obtain statewide, area, and local data with as little duplication as possible.

History. Acts 1985, No. 349, § 7; A.S.A. 1947, § 80-489.6; Acts 2019, No. 910, § 1138.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” in (c).

6-13-1017. Programs and services.

  1. The programs and services of each education service cooperative shall be based upon the needs of the school districts included in its service area and upon the educational priorities of the state.
  2. Each education service cooperative shall provide a teacher center as its basic curriculum and staff development capability.
  3. Education service cooperatives may provide shared educational programs and services such as needs assessment and school improvement planning, staff development, curriculum development, itinerant teachers, instructional materials, adult and vocational education, programs for gifted and talented, education for children with disabilities, alternative educational programs, secondary area vocational centers, community-based education programs, and other services which the State Board of Education may approve or which school districts may support with local funds.

History. Acts 1985, No. 349, § 8; A.S.A. 1947, § 80-489.7; Acts 1993, No. 294, § 7; 1999, No. 1554, § 2.

6-13-1018. Participation of local school districts — Contracts.

  1. Each school district within the service area of the education service cooperative shall be entitled to participate in those programs and services which are fully supported by state funds.
  2. No school district shall be required to participate in any service.
  3. School districts may enter into contracts with the education service cooperative for services supported partially or completely by local school funds.
  4. School districts within one (1) education service cooperative may also contract for services with another education service cooperative.

History. Acts 1985, No. 349, § 9; A.S.A. 1947, § 80-489.8.

6-13-1019. Funding of education service cooperatives.

  1. The state shall provide funds to support the basic structure of the education service cooperatives established under the provisions of this subchapter.
  2. This structure shall include:
    1. Salaries and fringe benefits for a director, a teacher center coordinator, and support staff;
    2. Costs such as travel, utilities, rent, equipment, and supplies;
    3. Funds to support staff and curriculum development activities; and
    4. Funds in an annual amount not to exceed twenty-five thousand dollars ($25,000) for the travel expenses of itinerant personnel employed by the education service cooperative to serve the part-time needs of local school districts.
  3. School districts may contract with their education service cooperative for services and part-time personnel to be supported in whole or in part by local funds, but no school district shall be assessed a membership fee.
  4. Categorical state or federal funds may also be assigned to any education service cooperative upon approval of its governing body and under conditions set by the State Board of Education.
  5. As a public agency, each education service cooperative shall be eligible to receive and expend public and private funds.

History. Acts 1985, No. 349, § 18; A.S.A. 1947, § 80-489.17.

6-13-1020. Policies and procedures — Expenditures, reports, and audits.

  1. On or before August 31 of each year, each education service cooperative shall file with the State Board of Education for the state board's approval:
    1. The policies and procedures of the education service cooperative, including without limitation the board of directors' policies and procedures for overseeing the administrative and program expenditures of the education service cooperative;
    2. A record of the education service cooperative's employment policies and practices for the year that includes without limitation:
      1. The race and sex of each person the education service cooperative employed or terminated during the year;
      2. The race and sex of every person who sought employment with the education service cooperative during the year; and
      3. The name of each person employed by the education service cooperative during the year who is related by blood or marriage to another employee or board member of the education service cooperative; and
      1. A report of its receipts and expenditures made in accordance with uniform accounting procedures adopted by the Commissioner of Elementary and Secondary Education.
      2. The report shall contain without limitation:
        1. An itemization of administrative and program expenditures; and
        2. The result of the board of directors' review of the expenditures made under its oversight function.
  2. The Division of Elementary and Secondary Education may prescribe the forms and procedures for filing the information required by subsection (a) of this section.
  3. Each education service cooperative is subject to an annual audit by the Legislative Joint Auditing Committee.
      1. In an annual meeting of the board of directors which must convene between May 15 and July 15, each education service cooperative shall report to its constituent school districts on the year's operations.
      2. The report also shall include information on fiscal distress under § 6-13-1027.
    1. The education service cooperative shall supplement its report with written reports to each school district and to the division on a school-by-school, service-by-service accounting basis.
  4. Following the end of each fiscal year, any balances in particular service accounts must be apportioned and returned to the schools involved or credited to their accounts for the following year.

History. Acts 1985, No. 349, § 19; A.S.A. 1947, § 80-489.18; Acts 1989, No. 610, § 1; 2009, No. 1289, § 3; 2019, No. 910, §§ 1139-1141.

Amendments. The 2009 amendment rewrote the section.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(3)(A); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (d)(2).

6-13-1021. Evaluations — Performance rating.

  1. Each education service cooperative shall be evaluated during the 2012-2013 school year, and at least once within each five-year period, on a schedule established by the Commissioner of Elementary and Secondary Education, all active education service cooperatives must be visited by an evaluation committee of not more than nine (9) persons.
      1. Each evaluation shall include, but not be limited to, an investigation of user satisfaction, service adequacy, extent of local financial support, staff qualifications, and performance and administration effectiveness.
      2. The final evaluation, including any self-evaluation, shall be included in the annual report to the Division of Elementary and Secondary Education, § 6-13-1020, and made available on the website of the education service cooperative.
      1. The evaluation criteria shall be developed collaboratively between the division and the director of each education service cooperative.
      2. The evaluation criteria shall be fully implemented by September 1, 2012.
    1. The report of this committee shall be filed with the education service cooperative visited, with its constituent school districts, and with the State Board of Education.
    2. The state board shall acknowledge receipt of the report and comment on any deficiencies identified in the report that should be corrected for the education service cooperative to remain eligible for base funding.
    3. The report shall identify each education service cooperative as being in one (1) of the following category levels, based on the evaluation:
      1. “Level 5”, education service cooperative of excellence;
      2. “Level 4”, education service cooperative exceeding standards;
      3. “Level 3”, education service cooperative meeting standards;
      4. “Level 2”, education service cooperative on alert; or
      5. “Level 1”, education service cooperative in need of immediate improvement.
    1. The intent of this evaluation procedure is to provide a means for school districts to express their concerns about the operation of their education service cooperative and to ensure that each education service cooperative remains alert and responsive to the needs of the local schools it serves.
    2. An education service cooperative that receives a performance category level of Level 1 shall be reevaluated during the evaluation cycle the following year.
    3. For all education service cooperatives that receive a performance category level of Level 1 for two (2) consecutive years, the division shall:
      1. Withhold base funding to the education service cooperative; or
      2. Take over administration of the education service cooperative.
  2. The division shall promulgate rules necessary for implementing this section.
    1. For each evaluation, the commissioner shall appoint the committee and designate its chairperson.
    2. The committee shall include the following from outside the boundary of the education service cooperative being evaluated:
      1. A division staff member;
      2. A teacher;
      3. An administrator;
      4. A college staff member; and
      5. A present or former staff member of an area education service agency.
    3. In addition, the committee shall include from within the education service cooperative's area:
      1. A member of the school district board of directors;
      2. A representative of business and industry; and
      3. A school parent from each of two (2) school districts.
    4. Each education service cooperative shall pay the reasonable costs of its evaluation.

History. Acts 1985, No. 349, § 19; A.S.A. 1947, § 80-489.18; Acts 2009, No. 376, § 10; 2011, No. 739, § 1; 2019, No. 910, §§ 1142-1146.

Amendments. The 2009 amendment, in (c)(2), inserted “state” and “education service,” and made a minor stylistic change.

The 2011 amendment added “Performance rating” in the section head; added “Each education service cooperative shall be evaluated during the 2012-2013 school year and at least once” at the beginning of (a); added (b)(1)(B) and (b)(2); added (c)(1)(3); added (d)(2) and (3); added (e); and redesignated former (e) as (f).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1)(B) and (f)(2)(A); and substituted “division” for “department” in (b)(2)(A) and (e).

6-13-1022. Dissolution of education service cooperative.

  1. After 1990, the State Board of Education shall be authorized to dissolve any education service cooperative upon the request of a majority of its school district boards of directors or upon the recommendation of the evaluation committee provided for in § 6-13-1021.
  2. A dissolved education service cooperative's area shall be assigned to one (1) or more adjacent education service cooperatives, the provisions of § 6-13-1003 notwithstanding, with the dissolved education service cooperative's base funding apportioned to all remaining education service cooperatives in the state.
  3. After payment of debts, the assets of a dissolved education service cooperative shall be distributed to the school districts in its service area based on each school district's three-quarter average daily membership for the immediately preceding school year.

History. Acts 1985, No. 349, § 6; A.S.A. 1947, § 80-489.5; Acts 2005, No. 1181, § 2; 2015, No. 846, § 5.

Amendments. The 2015 amendment substituted “three-quarter average” for “third-quarter average” in (c).

6-13-1023. Technology training center — Technology coordinator.

  1. Consistent with funds available and upon a majority vote of the members present and voting, the board of directors of each education service cooperative established under this subchapter is authorized to establish a technology training center and employ a technology coordinator who has demonstrated expertise in computer technology and staff development.
  2. The duties of the technology coordinator at such technology training center shall include, but not be limited to, the following:
    1. To provide staff development for personnel of member schools;
    2. To assist member schools with determining technology needs and types of computer hardware and software necessary to meet those needs;
    3. To assist with technology system analysis and local network design;
    4. To provide member schools with information on technology standards and specifications;
    5. To develop and coordinate a technology training center located at the education service cooperative;
    6. To coordinate information with the Arkansas Public School Computer Network, the Instructional Microcomputer Project for Arkansas Classrooms, and the Governor's Technology Task Force so that member schools will be informed on technological activity in the state; and
    7. To assist with requests for proposal development and bid analysis so that member schools will be better able to spend funds for technology.

History. Acts 1995, No. 842, § 1.

6-13-1024. [Repealed.]

Publisher's Notes. This section, concerning the Cooperative Education Services Coordinating Council, was repealed by Acts 1999, No. 148, § 3. The section was derived from Acts 1997, No. 1362, § 34.

6-13-1025. Mathematics and science resource center — Mathematics and science coordinator.

  1. Consistent with funds available and upon a majority vote of the members present and voting, the board of directors of each education service cooperative established under this subchapter is authorized to establish a mathematics and science resource center and to employ a mathematics and science coordinator who has demonstrated expertise in mathematics and science content, in pedagogy, and in staff development.
  2. The duties of the mathematics and science coordinator at the mathematics and science resource center shall include, but not be limited to, the following:
    1. Providing mathematics and science staff development for and individual technical assistance to personnel of member schools;
    2. Assisting member schools with determining mathematics and science curricula, with instruction, and with assessment of needs and resources necessary to meet those needs;
    3. Enhancing curricula and instruction using technology;
    4. Providing member schools with information for curriculum alignment with mathematics and science standards and state frameworks;
    5. Developing and coordinating a mathematics and science resource center located at the education service cooperative; and
    6. Assisting with the development of requests for proposals for teacher enhancement in mathematics and science.

History. Acts 1997, No. 1283, § 1.

6-13-1026. Cooperatives qualify as local education agencies.

  1. The General Assembly designates that the education service cooperatives created by this subchapter meet the definition of “local education agencies” by virtue of the fact that each is a public authority, legally constituted within this state to perform a service function for a public elementary and secondary school in school districts and other political subdivisions of the state and to form a consortium of school districts which are recognized by the General Assembly as administrative agents for public elementary and secondary schools.
  2. This section intends to recognize the function of the cooperatives and to provide eligibility to cooperatives to receive state and federal funds upon written requests from the school districts.

History. Acts 2001, No. 1055, § 1.

6-13-1027. Fiscal distress — Definitions.

  1. As used in this section:
    1. “Fiscal integrity” means the education service cooperative's ability to comply completely, accurately, and timely with financial management, accounting, auditing, and reporting procedures required by state law and rule or federal law and regulations; and
    2. “Material” means that the act, omission, or violation jeopardizes the fiscal integrity of the education service cooperative.
  2. Any education service cooperative that meets one (1) or more of the following criteria may be identified by the Division of Elementary and Secondary Education as being in fiscal distress upon final approval of the State Board of Education:
      1. A declining balance that jeopardizes the fiscal integrity of the education service cooperative.
      2. The division shall not use capital outlay expenditures from the education service cooperative's balance for facilities to identify the education service cooperative as being in fiscal distress;
    1. A material failure to meet the education service cooperative's obligation to maintain the education service cooperative's facilities;
    2. A material violation of local, state, or federal law, state rule, or federal regulations relating to:
      1. Fire, health, or safety codes;
      2. Construction codes;
      3. Audit requirements; or
      4. Procurement, bidding, and purchasing requirements;
    3. A material failure to provide timely and accurate legally required financial reports to the division, Arkansas Legislative Audit, the General Assembly, or the Internal Revenue Service;
    4. A material failure to maintain sufficient funds to cover payroll, salary, employment benefits, or legal tax obligations;
    5. A material default on any debt obligation;
    6. A material discrepancy between budgeted and actual expenditures; or
    7. Any other fiscal condition of the education service cooperative that the division determines materially impacts the education service cooperative's delivery of education services.
    1. The division may identify an education service cooperative as being in fiscal distress at any time a fiscal condition of the education service cooperative is discovered to have a detrimental negative impact on the continuation of educational services provided by the education service cooperative.
      1. If the division identifies an education service cooperative as being in fiscal distress, the division shall notify the education service cooperative in writing of the identification of fiscal distress within ten (10) calendar days.
      2. The division shall identify in the notice each criteria for fiscal distress on which the division based the identification of fiscal distress.
      3. The division shall deliver the notice by certified mail, return receipt requested, and addressed to:
        1. The president of the education service cooperative's board of directors; and
        2. The director of the education service cooperative employed under § 6-13-1010.
  3. The identification of fiscal distress made by the division under this section may be appealed to the state board under § 6-13-1031 in which case the final order entered upon appeal is the final classification of fiscal distress.
  4. Within two (2) weeks following the date the education service cooperative receives the final classification by the state board of fiscal distress, the education service cooperative shall:
    1. Notify in writing each public school district in its service area that the education service cooperative is classified as being in fiscal distress; and
    2. File with the division a fiscal distress plan under § 6-13-1028.
  5. An education service cooperative that is identified as being in fiscal distress shall not incur any debt without the prior written approval of the division.
  6. The education service cooperative shall include in the annual report to constituent school districts under § 6-13-1020(d) the progress the education service cooperative has made on its fiscal distress plan.

History. Acts 2009, No. 1289, § 4; 2019, No. 315, §§ 196, 197; 2019, No. 910, §§ 1147-1151.

Amendments. The 2019 amendment by No. 315 inserted “law and rule” in (a)(1); and substituted “state rule, or federal regulations” for “or regulations” in the introductory language of (b)(3).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b); and substituted “division” for “department” in (b)(1)(B), (b)(8), throughout (c), and in (d) and (e)(2).

6-13-1028. Fiscal distress plan.

  1. An education service cooperative that is classified by the State Board of Education as being in fiscal distress shall file with the Division of Elementary and Secondary Education a fiscal distress plan that:
    1. Addresses each area of fiscal distress identified by the division;
    2. Describes how the education service cooperative will remedy the areas experiencing fiscal distress; and
      1. Establishes the schedule by which the education service cooperative will implement the fiscal distress plan.
      2. The fiscal distress plan implementation schedule shall not exceed two (2) years from the date of the final classification of fiscal distress.
  2. The division shall approve the fiscal distress plan before the education service cooperative implements the fiscal distress plan.
  3. An education service cooperative identified as being in fiscal distress is required to receive on-site technical evaluation and assistance from the division.

History. Acts 2009, No. 1289, § 4; 2019, No. 910, §§ 1152, 1153.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” in (b) and (c).

6-13-1029. Fiscal distress actions.

  1. To address the identified areas of fiscal distress of an education service cooperative, the Division of Elementary and Secondary Education shall:
      1. Conduct an on-site evaluation and make recommendations regarding the staffing and fiscal practices of the education service cooperative.
      2. The recommendations of the division are binding on the education service cooperative;
    1. Every six (6) months during which the education service cooperative is classified as being in fiscal distress, submit to the State Board of Education a written evaluation on the fiscal status of the education service cooperative;
    2. Monitor the fiscal operations and accounts of the education service cooperative; and
    3. Require the education service cooperative administrative staff and employees to obtain instruction or training in areas of fiscal concern for the education service cooperative.
  2. The division also may take one (1) or more of the following actions:
    1. Reorganize the administrative unit of the education service cooperative by:
        1. Removing and replacing the director of the education service cooperative employed under § 6-13-1010.
        2. An individual appointed to replace the director shall administratively operate the education service cooperative under the supervision and approval of the Commissioner of Elementary and Secondary Education.
        3. The division may compensate non-division agents operating the education service cooperative from the education service cooperative's funding; and
      1. Removing, replacing, or reassigning other administrative staff of the education service cooperative; or
    2. Impose reporting requirements on the education service cooperative.
  3. Within two (2) consecutive school years of the state board's final classification of fiscal distress, the division shall determine whether to recommend that the education service cooperative be removed from fiscal distress status.

History. Acts 2009, No. 1289, § 4; 2019, No. 910, §§ 1154-1158.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); substituted “division” for “department” throughout the section; substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(1)(A)(ii); and substituted “non-division” for “nondepartment” in (b)(1)(A)(iii).

6-13-1030. Removal from fiscal distress status.

  1. The Division of Elementary and Secondary Education shall certify in writing to the education service cooperative that the education service cooperative may be removed from fiscal distress status when the division determines that the education service cooperative has:
    1. Corrected all of the criteria under § 6-13-1027 that led to the classification of fiscal distress; and
    2. Complied with all division recommendations and requirements for removal from fiscal distress status.
    1. Within thirty (30) days of receiving the division's certification under subsection (a) of this section, an education service cooperative may petition the State Board of Education in writing for removal from fiscal distress.
    2. An education service cooperative may not petition the state board for removal from fiscal distress status before the division makes the certification under subsection (a) of this section.
  2. Within sixty (60) days of receiving the petition for removal from fiscal distress, the state board shall deny the petition or remove the education service cooperative from fiscal distress status.
  3. If an education service cooperative fails to meet the division's requirements for removal from fiscal distress status within two (2) consecutive school years of being classified in fiscal distress, the state board shall:
    1. Reorganize the administrative unit of the education service cooperative under § 6-13-1029; or
      1. Issue a written finding supported by a majority vote of the state board explaining in detail that the education service cooperative could not comply with this section due to impossibility caused by external forces beyond the education service cooperative's control.
      2. The state board shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status under this section.
  4. Within fifteen (15) days of making a decision under this section, the state board shall notify the education service cooperative of its decision and include with the notice a copy of a written finding issued under subsection (d) of this section.

History. Acts 2009, No. 1289, § 4; 2019, No. 910, §§ 1159-1161.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” in the introductory language of (a) and in (a)(2) and (b)(2).

6-13-1031. Appeal.

  1. An education service cooperative may appeal to the State Board of Education the identification of fiscal distress under § 6-13-1027.
  2. The education service cooperative may lodge an appeal by filing a written appeal with the Commissioner of Elementary and Secondary Education by certified mail, return receipt requested, within thirty (30) days of the date the education service cooperative received notice of the identification of fiscal distress.
  3. The written appeal shall state in clear terms the reason why the education service cooperative should not be classified as being in fiscal distress.
  4. The state board shall hear the appeal within sixty (60) days of receipt of the written notice of appeal.
  5. Notwithstanding any appeal rights in this section, no appeal shall stay the state board's or the Division of Elementary and Secondary Education's authority to take action to enforce the education service cooperative's compliance with financial management, accounting, auditing, and reporting procedures required by state law or rule or federal law and regulations.
    1. The decision of the state board on the appeal is a final order.
    2. There is no further right of appeal except to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2009, No. 1289, § 4; 2019, No. 315, § 198; 2019, No. 910, § 1162, 1163.

Amendments. The 2019 amendment by No. 315 inserted “law or rule” in (e).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); and substituted “Division of Elementary and Secondary Education’s” for “Department of Education’s” in (e).

Subchapter 11 — Model Rural School Consortiums

Effective Dates. Acts 1995, No. 830, § 9: Mar. 29, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the immediate effectiveness of this act is essential to the operation of the Arkansas Department of Education and the various school districts of this state in planning for the 1995-96 school year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1101. Legislative intent.

It is the purpose and intent of this subchapter to provide a procedure by which one (1) or more school districts located within this state may, by agreement, reflected by a majority vote of the respective boards of directors of the participating school districts, form a model rural early childhood consortium. It is anticipated that this model rural early childhood consortium would be established to exemplify the best practices available in rural early childhood education. It would further be the purpose of this consortium to serve as a training and development site for both students and teachers within the cooperating school districts. A model rural early childhood consortium created pursuant to the provisions of this subchapter may be organized in ways that are fundamentally different from the ways schools are now organized.

History. Acts 1989, No. 886, § 1; 1995, No. 830, § 1.

6-13-1102. Authority.

Pursuant to the provisions of this subchapter, one (1) or more school districts may by a majority vote of their respective boards of directors agree to create a model rural early childhood consortium for the purposes set forth in § 6-13-1101.

History. Acts 1989, No. 886, § 2; 1995, No. 830, § 2.

6-13-1103. [Repealed.]

Publisher's Notes. This section, concerning boundaries, was repealed by Acts 1995, No. 830, § 5. The section was derived from Acts 1989, No. 886, § 3.

6-13-1104. Powers and duties.

Any model rural early childhood consortium created pursuant to this subchapter shall have the authority to petition the Division of Elementary and Secondary Education or the State Board of Education for waivers from present school standards to fulfill the purposes set forth in § 6-13-1101.

History. Acts 1989, No. 886, §§ 4, 7; 1995, No. 830, § 3; 2019, No. 910, § 1164.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-13-1105. [Repealed.]

Publisher's Notes. This section, concerning funds, was repealed by Acts 1995, No. 830, § 5. The section was derived from Acts 1989, No. 886, § 5.

6-13-1106. Criteria — Contingency.

    1. The State Board of Education shall adopt and publish criteria setting forth the application process to be followed by any model rural early childhood consortium.
    2. The Division of Elementary and Secondary Education shall determine which applications are accepted in accordance with the state board's published criteria.
  1. Implementation of the provisions of this subchapter shall be contingent upon appropriation.

History. Acts 1989, No. 886, §§ 6, 8; 1995, No. 830, § 4; 2019, No. 910, § 1165.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

Subchapter 12 — Clarification of Laws Concerning Consolidation, Annexation, and Formation

6-13-1201 — 6-13-1209. [Repealed.]

Publisher's Notes. This subchapter, concerning consolidation, annexation, and formation, was repealed by Acts 2001, No. 1225, § 3. The subchapter was derived from the following sources:

6-13-1201. Acts 1991, No. 966, § 2; 1999, No. 1078, § 41.

6-13-1202. Acts 1991, No. 966, § 3; 1993, No. 294, § 7; 1999, No. 1078, § 42.

6-13-1203. Acts 1991, No. 966, § 4; 1993, No. 294, § 7; 1999, No. 1078, § 43.

6-13-1204. Acts 1991, No. 966, § 5; 1999, No. 1078, § 44.

6-13-1205. Acts 1991, No. 966, § 6.

6-13-1206. Acts 1991, No. 966, § 7; 1999, No. 1078, § 45.

6-13-1207. Acts 1991, No. 966, § 1; 1999, No. 1078, § 46.

6-13-1208. Acts 1993, No. 294, § 7; 1999, No. 1078, § 47.

6-13-1209. Acts 1999, No. 1078, § 48.

For current law, see § 6-13-1401 et seq.

Former § 6-13-1210 was recodified as § 6-13-1414.

Subchapter 13 — Site-Based Decision Making

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1301. Legislative intent.

It is the intention of the General Assembly through this subchapter to:

  1. Stimulate local innovation and creativity in restructuring Arkansas public schools;
  2. Facilitate the empowerment of educators and other persons at the local building site level to identify the needs of their particular students; and
  3. Implement methods of satisfying those needs.

History. Acts 1995, No. 1125, § 1.

6-13-1302. Definitions.

As used in this subchapter:

  1. “Classified employee” means any person for whom licensure is not required as the basis of employment in the public schools of the state;
  2. “Licensed employee” means any person for whom licensure is required as the basis of employment in the public schools of the state;
  3. “Parent” means any parent, legal guardian, or other person having custody or charge of a student enrolled in a public school; and
  4. “Site-based decision making” means a joint planning and problem-solving process implemented within a local school building, providing for a sharing of power, authority, and responsibility among teachers, administrators, and parents, and designed to shift decision making activity to the local building level.

History. Acts 1995, No. 1125, § 2; 2013, No. 1138, § 9.

Amendments. The 2013 amendment substituted “Licensed” for “Certified” in (2); and substituted “licensure” for “certification” in (1) and (2).

6-13-1303. Adoption of policy.

  1. Following a secret ballot vote by two-thirds (2/3) of the licensed employees in a local building site to implement site-based decision making, the local school district board of directors may adopt a policy for implementing site-based decision making in the school district, to include, but not be limited to, a description of how school district policies have been amended to allow school employees at the local school building site to be involved in the decision-making process as they work to meet educational goals.
  2. For the policy to be implemented, it must be adopted by a majority of the board of directors of the school district.

History. Acts 1995, No. 1125, § 3; 2013, No. 1138, § 10.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (a).

6-13-1304. School council established — Members.

The school district policy adopted by the board of directors and licensed faculty of a local school district shall require the following when any local school building site elects to implement site-based decision making under the provisions of this subchapter:

      1. A school council shall be established, composed of teachers, classified employees, and the building principal or administrator.
      2. A majority of the council shall be made up of teachers.
      1. The teacher representatives on the council shall be elected by a majority of the teachers in a secret ballot election conducted by the teachers in the building.
      2. The classified employee representatives shall be elected by a majority of the classified employees in a secret ballot election conducted by the classified employees;
    1. The school council may include parent representatives if two-thirds (2/3) of the parents present at a meeting called for that purpose vote to participate in site-based decision making.
    2. The parent representatives on the council shall be elected by the parents at a meeting called for that purpose and shall not be relatives of any employee of the school or any board member; and
  1. Members of the school council shall elect a chair, vice chair, and secretary.

History. Acts 1995, No. 1125, § 4; 2013, No. 1138, § 11.

Amendments. The 2013 amendment substituted “licensed” for “certified” in the introductory language.

6-13-1305. School district policy — Contents.

The policy adopted by the local school district board of directors to implement site-based decision making shall also address the following:

  1. Parent, citizen, and community participation, including the relationship of the school council with other groups;
  2. Cooperation and collaboration within the school district, with other school districts, and with other public and private agencies;
  3. Professional development plans developed pursuant to the state accreditation standards;
  4. School-level improvement plans, including the form and function of strategic planning and its relationship to school district planning;
  5. School budget and administration, including:
    1. Discretionary funds;
    2. Activity and other school funds;
    3. Funds for maintenance, supplies, and equipment; and
    4. Accounting and auditing;
  6. Assessment of individual student progress, including testing and reporting of student progress to students, parents, the school district, the community, and the state;
  7. Requirements for waiver of school district policies;
  8. Requirements for record keeping by the school council;
  9. A process for appealing a decision made by a school council; and
  10. Teacher evaluations, professional growth plans, and teacher support under the Teacher Excellence and Support System, § 6-17-2801 et seq.

History. Acts 1995, No. 1125, § 4; 2011, No. 1209, § 1; 2015, No. 1091, § 1; 2017, No. 936, § 5.

Amendments. The 2011 amendment added (10).

The 2015 amendment substituted “growth plans” for “learning plans” in (10).

The 2017 amendment substituted “School-level” for “School” in (4).

6-13-1306. School council powers and duties.

The school council established under this subchapter may implement policies in the following areas:

  1. Planning and resolution of issues regarding instructional practices;
  2. Selection and implementation of discipline and classroom management techniques, including responsibilities of the student, parent, teacher, counselor, and principal;
  3. Curriculum, including:
    1. Needs assessment;
    2. Curriculum development;
    3. Alignment with state standards;
    4. Technology utilization; and
    5. Program appraisal;
  4. Assignment of all instructional and noninstructional staff time;
  5. Provision for planning time for instructional staff;
  6. Assignment of students to classes and programs within the school;
  7. Determination of the schedule of the school day and week, subject to the beginning and ending times of the school day and school calendar year as specified in the personnel policies or negotiated agreements;
  8. Determination of use of school space during the school day and week; and
  9. Selection of extracurricular programs and determination of policies relating to student participation based on academic qualifications and attendance requirements, program evaluation, and supervision.

History. Acts 1995, No. 1125, § 4; 2009, No. 376, § 11.

Amendments. The 2009 amendment redesignated (4) through (8) as (4) through (9) and made a related change; and inserted “day and week” in (7).

6-13-1307. Other authority — Granted by local board.

The local board may grant to the school council other authority as authorized by law.

History. Acts 1995, No. 1125, § 4.

6-13-1308. Assistance by Division of Elementary and Secondary Education.

  1. The Division of Elementary and Secondary Education may develop sample guidelines to assist local boards of directors in the development of their policies.
  2. The division may provide professional development activities to assist schools in implementing site-based decision making.

History. Acts 1995, No. 1125, § 5; 2019, No. 910, § 1166.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in (a); and substituted “division” for “department” in (b).

6-13-1309. Alternative model.

  1. A local school building site that chooses to have site-based decision making but wishes to be exempt from the administrative structure set forth by this subchapter may develop a model for implementing site-based decision making, including, but not limited to, a description of the membership, organization, duties, and responsibilities of a school council.
    1. The local school building site shall submit the model through the local school district board of directors to the Commissioner of Education and the State Board of Education for approval.
    2. The application for approval of the model shall show evidence that it has been developed by representatives of the parents, students, and employees of the school and that two-thirds (2/3) of the licensed employees voting in a secret ballot election have agreed to the model.

History. Acts 1995, No. 1125, § 6; 2013, No. 1138, § 12.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (b)(2).

Subchapter 14 — Consolidation, Annexation, and Formation

Cross References. Boundaries coextensive with road improvement district, § 14-316-108.

Consolidation, annexation, or merger of districts, § 6-14-122.

Effective Dates. Acts 2001, No. 1037, § 2: Mar. 22, 2001. Emergency clause provided: “It is found and determined by the General Assembly that several school districts have agreed upon boundary changes, and it could cause irreparable harm for students who are displaced by a change in boundaries in the middle of a school year. Therefore, it is necessary to have boundary changes effective prior to the beginning of the school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1467, § 23: emergency clause failed to pass. Emergency clause provided: “Unless otherwise provided in this act, this act shall become effective on July 1, 2003.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1401. Definitions.

As used in this subchapter:

  1. “Affected district” means a school district that:
    1. Loses territory or students as a result of annexation; or
    2. 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.

History. Acts 2001, No. 1225, § 1; 2011, No. 989, § 5; 2011, No. 1217, § 1.

Amendments. The 2011 amendment by No. 989 subdivided and rewrote former (1); inserted (2) and redesignated the remaining subdivisions accordingly; and deleted former (6).

The 2011 amendment by No. 1217 subdivided and rewrote former (1); inserted (2) and redesignated the remaining subdivisions accordingly.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-13-1402. Consolidation and annexation authority.

There shall not be any consolidation or annexation of any public school district with any other school district in the state without the prior consent and approval of the State Board of Education.

History. Acts 2001, No. 1225, § 1.

6-13-1403. Conditions under which State Board of Education may annex school districts.

  1. The State Board of Education shall consider the annexation of an affected district or districts to a receiving district or districts under the following conditions:
    1. The state board, after providing thirty (30) days' written notice to the affected school districts, determines that annexation is in the best interest of the affected district or districts and the receiving district based upon failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;
      1. The affected district or districts file a petition with the state board requesting annexation to a particular receiving district or districts, and a copy of the petition is filed with the county clerk's office of each county where the affected district or districts are located.
      2. The county clerk's office of each county where the affected district or districts are located certifies in writing that the petition has been signed by a majority of the qualified electors of the affected district or districts.
      3. The receiving district or districts provide to the state board written proof of consent to receive the affected district or districts by annexation as evidenced by either a vote to approve annexation by resolution by a majority of the members of the local receiving board of education or by a vote to approve annexation by a majority of the qualified electors of the receiving district as provided for in § 6-14-122;
      1. A majority of the qualified electors in the affected district or districts vote to approve the annexation of an affected district or districts to a receiving district or districts as provided for in § 6-14-122.
      2. The receiving district or districts provide to the state board written proof of consent to receive the affected district or districts by annexation as evidenced by either a vote to approve annexation by resolution by a majority of the members of the local receiving board of education or by a vote to approve annexation by a majority of the qualified electors of the receiving district as provided in § 6-14-122; or
      1. The local board of education of the affected district or districts votes to approve by resolution the annexation of the affected district or districts to a receiving district or districts by a majority of the members of the local board of education of the affected district or districts.
      2. The receiving district or districts provide to the state board written proof of consent to receive the affected district or districts by annexation as evidenced by either a vote to approve annexation by resolution by a majority of the members of the local receiving board of education or by a vote to approve annexation by a majority of the qualified electors of the receiving districts as provided for in § 6-14-122.
  2. The state board may vote to approve, by a majority of a quorum present of the members of the state board, the annexation of the affected districts into a receiving district.
    1. The state board, after providing thirty (30) days' written notice to the affected districts, may on its own motion based on a school district's failure to meet standards for accreditation, failure to meet fiscal distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; or
    2. Upon receipt of:
      1. A valid petition for annexation and after receiving proof from the petitioning party of at least one (1) of the required conditions set forth in subsection (a) of this section; and
      2. Proof of the issuance of public notice of the intent to annex affected districts into a receiving district or districts in the local newspapers of general circulation in the affected districts for a time period of no less than one (1) time a week for two (2) consecutive weeks immediately before the time the petition is filed with the state board.
    1. In order for the petition for annexation to be valid, it shall be filed with the state board at least thirty (30) days before the next regularly scheduled state board meeting, at which time the petition will be presented for hearing before the state board.
    2. However, no petition is required for the state board to annex a school district or districts upon a motion of the state board as allowed in subsection (b) of this section.
    1. Upon determination by the state board to annex a school district or approval of a petition requesting annexation, the state board shall issue an order dissolving the affected districts and establishing the receiving district or districts.
      1. The state board shall issue an order establishing the boundary lines of the receiving district or districts.
      2. It is the duty of the Arkansas Geographic Information Systems Office to make changes in the maps of the school districts to properly show the boundary lines of the receiving district or districts.
    1. The state board shall:
      1. Issue an order establishing the changed boundaries; and
      2. File the order with the:
        1. County clerk of each county where a receiving district is located;
        2. Secretary of State; and
        3. Arkansas Geographic Information Systems Office.
    2. The county clerk shall make a permanent record of the order.
    3. The boundaries established under this subsection shall be the boundaries of the receiving district until changes are made according to the provisions of law.
  3. The state board shall not annex affected districts that are not geographically contiguous unless the following limited conditions are determined to be valid reasons for annexation:
    1. The annexation will result in the overall improvement in the educational benefit to students in all the school districts involved; or
    2. The annexation will provide a significant advantage in transportation costs or service to all the school districts involved.

History. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 19; 2011, No. 989, § 6; 2013, No. 1073, § 7; 2015, No. 103, § 2; 2017, No. 936, §§ 6, 7; 2019, No. 757, § 4.

Amendments. The 2011 amendment subdivided former (e) as (e)(1) through (3); rewrote (e)(1)(B)(i); inserted (e)(1)(B)(ii) and (iii); and substituted “The boundaries established under this subsection (e)” for “boundaries so established” in (e)(3).

The 2013 amendment, in (a)(1), inserted “or facilities” preceding “distress” and added “and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.”

The 2015 amendment inserted “Systems” in (e)(1)(B)(iii).

The 2017 amendment, in (a)(1) and (b)(1), inserted “or failure to meet the requirements to exit Level 5 — Intensive support”, deleted “the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” preceding “the Arkansas Fiscal Assessment”, and added “and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” at the end; deleted “academic” preceding “fiscal or facilities” in (a)(1); and deleted “academic or” preceding “fiscal distress” in (b)(1).

The 2019 amendment substituted “is” for “shall be” and “Arkansas Geographic Information Systems Office” for “Department of Education” in (d)(2)(B).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Academic Standards, 26 U. Ark. Little Rock L. Rev. 385.

6-13-1404. Conditions under which State Board of Education may consolidate school districts.

  1. The State Board of Education shall consider the consolidation of affected districts into a new resulting district or districts under the following conditions:
    1. The state board, after providing thirty (30) days' written notice to the affected districts, determines consolidation is in the best interest of the affected district or districts and the resulting district, based upon failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support, pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; or
      1. The affected districts file a petition with the state board requesting that the affected districts be consolidated into a resulting district or districts;
      2. A copy of the petition has been filed with the county clerk's office of each county where the affected districts are located;
      3. The county clerk's office certifies in writing to the state board that the petition has been signed by a majority of the qualified electors of the affected districts;
      4. A majority of the qualified electors in the affected districts votes to approve consolidation of the affected districts into a resulting district or districts pursuant to a valid election as provided in § 6-14-122; and
      5. The local board of directors votes to approve by resolution of a majority of the members of each local board of education the consolidation of the affected districts into a resulting district or districts.
  2. The state board:
    1. After providing thirty (30) days' written notice to the affected districts, may consolidate school districts upon its own motion based upon a school district's failure to meet standards for accreditation, failure to meet fiscal distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; or
    2. May vote to approve, by a majority of a quorum present of the members of the state board, the consolidation of the affected districts into a resulting district upon receipt of:
      1. A valid petition for consolidation after receiving proof from the petitioning party of at least one (1) of the required conditions set forth in subsection (a) of this section; and
      2. Proof of the issuance of public notice of the intent to consolidate affected districts into a resulting district or districts in the local newspapers of general circulation in the affected districts for a time period of no less than one (1) time a week for two (2) consecutive weeks immediately before the time the petition is filed with the state board.
    1. In order for the petition for consolidation to be valid, it shall be filed with the state board at least thirty (30) days before the next regularly scheduled state board meeting, at which time the petition will be presented for hearing before the state board.
    2. However, no petition is required for the state board to consolidate a school district or districts on a motion of the state board as allowed in subsection (b) of this section.
    1. Upon consolidation of a school district by the state board or approval of a petition requesting consolidation, the state board shall issue an order dissolving the affected districts and establishing the resulting district or districts.
      1. The state board shall issue an order establishing the boundary lines of the resulting district or districts.
      2. It is the duty of the Arkansas Geographic Information Systems Office to make changes in the maps of the school districts to properly show the boundary lines of the resulting district or districts.
    1. The state board shall:
      1. Issue an order establishing the changed boundaries; and
      2. File the order with the:
        1. County clerk of each county where a resulting district is located;
        2. Secretary of State; and
        3. Arkansas Geographic Information Systems Office.
    2. The county clerk shall make a permanent record of the order.
    3. The boundaries established under this subsection shall be the boundaries of the resulting district until changes are made according to the provisions of law.
  3. The state board shall not consolidate affected districts that are not geographically contiguous unless the following limited conditions are determined to be valid reasons for consolidation:
    1. The consolidation will result in the overall improvement in the educational benefit to students in all the school districts involved; or
    2. The consolidation will provide a significant advantage in transportation costs or service to all the school districts involved.

History. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 19; 2011, No. 989, § 7; 2013, No. 1073, § 8; 2015, No. 103, § 3; 2017, No. 936, §§ 8, 9; 2019, No. 757, § 5; 2019, No. 910, § 1167.

A.C.R.C. Notes. Under the authority of § 25-43-109, this section is set out above as amended by Acts 2019, No. 757, § 5. Subdivision (d)(2)(B) was also amended by Acts 2019, No. 910, § 1167 to read as follows: “(B) It shall be the duty of the Division of Elementary and Secondary Education to make changes in the maps of the school districts to properly show the boundary lines of the resulting district or districts.”

Amendments. The 2011 amendment subdivided former (e)(1) as (e)(1) through (e)(1)(B); rewrote (e)(1)(B)(i); inserted (e)(1)(B)(ii) and (iii); and substituted “The boundaries established under this subsection (e)” for “boundaries so established” in (e)(3).

The 2013 amendment, in (a)(1), inserted “or facilities” preceding “distress” and added “and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.”

The 2015 amendment inserted “Systems” in (e)(1)(B)(iii).

The 2017 amendment, in (a)(1) and (b)(1), inserted “or failure to meet the requirements to exit Level 5 — Intensive support”, deleted “the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” preceding “the Arkansas Fiscal Assessment”, and added “and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” at the end; substituted “failure to meet” for “or academic” following “accreditation” in (a)(1); and substituted “failure to meet” for “or academic or” following “accreditation” in (b)(1).

The 2019 amendment by No. 757 substituted “is” for “shall be” and “Arkansas Geographic Information Systems Office” for “Department of Education” in (d)(2)(B).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2)(B).

Research References

U. Ark. Little Rock L. Rev.

Nikki L. Cox, Note: School Integration Reform — A Call for Desegregation Policies That Are More Than Skin Deep, 36 U. Ark. Little Rock L. Rev. 123 (2013).

6-13-1405, 6-13-1406. [Repealed.]

Publisher's Notes. These sections, concerning effective date of annexation or consolidation and the term and election of the board of directors, were repealed by Acts 2011, No. 1217, § 2. The sections were derived from the following sources:

6-13-1405. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 19; 2003 (2nd Ex. Sess.), No. 60, § 2.

6-13-1406. Acts 2001, No. 1225, § 1; 2003 (2nd Ex. Sess.), No. 25, § 1.

6-13-1407. Creation of school district — When part of school district taken.

  1. Any receiving district or resulting district created under this section shall become the successor in interest to the property of the school district dissolved, shall become liable for the contracts and debts of such a school district, and may sue and be sued therefor.
  2. When territory less than the entire school district is annexed or consolidated to a school district, the receiving district or resulting district shall take the property of the school district from which the territory was taken, as the State Board of Education shall deem proper, and shall be liable for that part of all indebtedness of the school district from which the territory was taken as shall be assigned to it by the state board unless otherwise approved by a majority vote of the affected district's or affected districts' board or boards of directors.

History. Acts 2001, No. 1225, § 1.

6-13-1408. Annexation or consolidation not to negatively impact state-assisted desegregation.

  1. The State Board of Education shall not order any annexation or consolidation under this subchapter or any other act or any combination of acts which hampers, delays, or in any manner negatively affects the desegregation efforts of a school district or districts in this state.
  2. Before the entry of any order under this subchapter, the state board shall seek an advisory opinion from the Attorney General concerning the impact of the proposed annexation or consolidation on the effort of the state to assist a school district or districts in desegregation of the public schools of this state.
  3. Any order of annexation or consolidation or combination thereof that violates the provisions of this section shall be null and void.

History. Acts 2001, No. 1225, § 1.

6-13-1409. State Board of Education.

  1. The State Board of Education shall have the following duties regarding consolidations and annexations:
    1. To form local school districts, change boundary lines of school districts, dissolve school districts and annex the territory of those school districts to another school district, create new school districts, and perform all other functions regarding changes in school districts in accordance with the law;
    2. To transfer funds and attach territory that is in no school district to other school districts as may seem best for the educational welfare of the children; and
    3. To enact rules regarding the consolidation and annexation of school districts under this title.
  2. The millage rate of the electors of the affected district shall remain the same until an election may be held to change the rate of taxation for the resulting district or receiving district.

History. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 20; 2019, No. 315, § 199.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(3).

6-13-1410. Appeal and election.

Notwithstanding any other provision of law, the decision of the State Board of Education regarding a consolidation or annexation shall be final with no further right of appeal except that only an aggrieved district may appeal to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2003, No. 1467, § 21; 2011, No. 989, § 8.

Amendments. The 2011 amendment added “Notwithstanding any other provision of law” at the beginning and substituted “only an aggrieved district may appeal” for “an aggrieved school district may appeal.”

6-13-1411. Use of fund balances.

  1. Unless otherwise approved by a unanimous vote of the board of directors of the resulting district, the fund balances of any school district that is consolidated, annexed, or otherwise reorganized shall be used by the resulting district solely for the construction of facilities or the operation, maintenance, or support of the schools that were located in the affected district from which the fund balance was derived if any of the facilities of the affected district from which the fund balance was derived remain open.
  2. The provisions of this section shall not apply if the consolidation or annexation is because of the school district's failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.

History. Acts 2003 (2nd Ex. Sess.), No. 71, § 1; 2013, No. 1073, § 9; 2017, No. 936, § 10.

Amendments. The 2013 amendment, in (b), inserted “or facilities” preceding “distress” and added “and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.”

The 2017 amendment, in (b), deleted “academic” preceding “fiscal or facilities”, inserted “or failure to meet the requirements to exit Level 5 — Intensive support”, deleted “the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” preceding “the Arkansas Fiscal Assessment”, and added “and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” at the end.

6-13-1412, 6-13-1413. [Repealed.]

Publisher's Notes. These sections, concerning the term and election of a board of directors after an annexation or consolidation, were repealed by Acts 2011, No. 1217, § 3. The sections were derived from the following sources:

6-13-1412. Acts 2005, No. 274, § 1.

6-13-1413. Acts 2005, No. 274, § 2.

6-13-1414. Boundary change by State Board of Education.

    1. The State Board of Education shall consider a petition from a local board of directors of any school district seeking an adjustment or change of boundary lines between its school district and an adjoining school district.
    2. The local board of directors must file the petition with the state board at least thirty (30) days before the next regularly scheduled state board meeting, at which time the petition will be presented for hearing before the state board.
  1. Upon proof to the state board of public notice issued in the local newspapers of general circulation in each affected district no less than one (1) time a week for two (2) consecutive weeks, the state board may, by approval of a majority of the members of a quorum present of the state board, issue an order changing or adjusting the boundary lines between the adjoining school districts.
  2. If the local board of directors of each of the affected districts is unable to agree on the proposed change in boundary lines, the state board shall adjust and change the boundary lines in accordance with its best judgment subject to the requirement of subsection (f) of this section or shall rule that the boundaries remain unchanged.
  3. Upon an order from the state board to change or adjust boundary lines, it shall be the duty of the Arkansas Geographic Information Systems Office to immediately make changes in the maps of the school districts to show the changes of boundaries.
    1. The state board shall:
      1. Issue an order establishing the changed boundaries; and
      2. File the order with the:
        1. County clerk in each county in which every affected district lies;
        2. Secretary of State; and
        3. Arkansas Geographic Information Systems Office.
    2. The county clerk shall make a permanent record of the order.
    3. The boundaries established under this subsection shall be the boundaries of the affected districts until changes are made according to the provisions of law.
  4. The state board shall not order any change in school district boundaries which hampers, delays, or in any manner negatively affects the desegregation efforts of the public school districts in the State of Arkansas.

History. Acts 2001, No. 1037, § 1; 2011, No. 989, § 9; 2015, No. 103, § 4; 2019, No. 757, § 6; 2019, No. 910, § 1168.

A.C.R.C. Notes. This section was originally codified at § 6-13-1210.

Under the authority of § 25-43-109, this section is set out above as amended by Acts 2019, No. 757, § 6. Subsection (d) was also amended by Acts 2019, No. 910, § 1168 to read as follows: “(d) Upon an order from the state board to change or adjust boundary lines, it shall be the duty of the Division of Elementary and Secondary Education to immediately make changes in the maps of the school districts of the county to show the changes of boundaries.”

Publisher's Notes. Acts 2001, No. 1225, § 3 provided that Title 6, Chapter 13, Subchapter 12 is repealed, but this section, enacted by Acts 2001, No. 1037, was not included in the engrossing on Acts 2001, No. 1225.

Amendments. The 2011 amendment subdivided former (e) as (e)(1) through (3); rewrote (e)(1); and substituted “The boundaries established under this subsection (e)” for “boundaries so established” in (e)(3).

The 2015 amendment inserted “Systems” in (e)(1)(B)(iii).

The 2019 amendment by No. 757, in (d), substituted “Arkansas Geographic Information Systems Office” for “Department of Education” and deleted “of the county” following “districts”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-13-1415. Involuntary consolidation or annexation — Effective date — Interim board of directors.

  1. This section applies to the involuntary consolidation or involuntary annexation of a school district made by a motion of the State Board of Education.
  2. The effective date of an involuntary consolidation or involuntary annexation of a school district shall be the July 1 after the state board action unless determined otherwise by the state board.
  3. The state board shall establish the terms and conditions of the involuntary consolidation or involuntary annexation that shall govern the affected districts, resulting districts, and receiving districts.
    1. If the state board determines that a new permanent board of directors is necessary, the state board shall prescribe:
      1. The number of members for the new permanent board of directors of the resulting district or receiving district;
      2. The manner of formation of the new permanent board of directors of the resulting district or receiving district under § 6-13-1417; and
        1. Whether the new permanent board of directors will be elected at the first or second school election after the effective date of consolidation or annexation.
        2. The election for the new permanent school district board of directors may take place during the second school election after the effective date of consolidation or annexation only if the state board determines that additional time is required to implement single-member zoned elections.
    2. If the state board determines that an interim board of directors is necessary, the state board shall prescribe:
      1. The number of members for the interim board of directors of the resulting district or receiving district;
      2. The terms of the members of the interim board of directors of the resulting district or receiving district; and
        1. The manner of formation of the interim board of directors of the resulting district or receiving district.
        2. The state board may:
          1. Allow the affected districts and receiving districts thirty (30) days to establish an interim board of directors to govern the resulting district or receiving district that consists of either five (5) or seven (7) members selected from the boards of directors from the affected districts and receiving districts based on the proportion of the student population of each of the affected districts and receiving districts before consolidation or annexation;
          2. Appoint an interim board of directors to govern the resulting district or receiving district that consists of either five (5) or seven (7) members selected from the boards of directors from the affected districts and receiving districts based on the proportion of the student population of each of the affected districts and receiving districts before consolidation or annexation; or
          3. Designate the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation as the interim board to govern the resulting district or receiving district.
    3. The state board may determine that an interim board of directors is not necessary and may order the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation to remain as the permanent school district board of directors.
    1. An interim board of directors shall serve until the first school election after the effective date of consolidation or annexation unless:
      1. Any members of the permanent board of directors of the resulting district or receiving district are elected from single-member zones, then the interim board of directors may serve until the second school election after the effective date of consolidation or annexation under subdivision (d)(1)(C) of this section; or
      2. All the members of the permanent board of directors of the resulting district or receiving district are elected at-large, then the state board may stagger the terms of the interim board of directors, which shall be determined by lot so that no more than two (2) members' terms expire during any one (1) year.
    2. If the state board allows the local school districts time to establish an interim board of directors, the board of directors of each affected district before the consolidation or each affected district and receiving district before the annexation may determine independently how to select members of the existing board of directors to serve on the interim board of directors, subject to approval by the state board, by:
      1. The voluntary resignation of one (1) or more members of the existing board of directors;
      2. Selecting one (1) or more members of the existing board of directors by a majority vote of the school district board of directors; or
      3. Selecting one (1) or more members of the existing board of directors by a random lot drawing.
    3. An interim board of directors shall be established by May 31 of the year preceding the effective date of administrative consolidation or administrative annexation under § 6-13-1603 if the state board determines that an interim board of directors is necessary.
    1. A consolidation or annexation order adopted by the state board shall be filed with the:
      1. County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district;
      2. Secretary of State; and
      3. Arkansas Geographic Information Systems Office.
    2. A consolidation or annexation order shall include a map of the boundaries of the resulting district or receiving district.
    3. A consolidation or annexation order filed with the Secretary of State and the office shall include a digital map showing the boundaries of the resulting district or receiving district in a format prescribed by the office.
  4. The state board may promulgate rules necessary to administer this subchapter.

History. Acts 2011, No. 1217, § 4; 2015, No. 103, § 5.

Amendments. The 2015 amendment inserted “Systems” in (f)(1)(C) and twice in (f)(3).

6-13-1416. Voluntary consolidation or annexation — Effective date — Interim board of directors.

  1. This section applies to any petition for consolidation or annexation of a school district submitted to the State Board of Education by a school district.
  2. The effective date of a petition for consolidation or annexation of a school district shall be the July 1 after the state board approves the consolidation or annexation petition unless the state board approves an alternative effective date or determines otherwise.
    1. Each board of directors of an affected district and receiving district shall enter into a written agreement approved by the quorum of the members of each board of directors present and executed by the president and secretary of each school district board of directors.
    2. The written agreement may prescribe the effective date of the annexation of the affected district to the receiving district or the effective date of the formation of the resulting district from consolidation of affected districts, subject to approval by the state board.
      1. The written agreement may prescribe the number of members of the permanent board of directors of the resulting district or receiving district and the manner of formation of the permanent board of directors of the resulting district or receiving district under § 6-13-1417 or as allowed by law.
        1. If the written agreement prescribes the formation of a new permanent board of directors, the written agreement shall specify whether the new permanent board of directors will be elected at the first or second school election after the effective date of consolidation or annexation.
        2. The election of a new permanent board of directors may take place during the second school election after the effective date of consolidation or annexation only if additional time is necessary to implement single-member zoned elections.
  3. The written agreement may prescribe for the formation of an interim board of directors, including the number of members, the length of member terms, and the manner of formation as follows:
    1. Establish an interim board of directors to govern the resulting district or receiving district that consists of either five (5) or seven (7) members selected from the boards of directors from the affected districts and receiving districts based on the proportion of the student population of each of the affected districts and receiving districts before consolidation or annexation;
    2. Designate the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation as the interim board of directors; or
    3. Determine that an interim board of directors is not necessary and may designate the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation to remain as the permanent school district board of directors.
    1. If the written agreement prescribes the formation of an interim board of directors, the interim board of directors shall serve until the first school election after the effective date of consolidation or annexation unless:
      1. Any members of the permanent board of directors of the resulting district or receiving district are elected from single-member zones, then the interim board of directors may serve until the second school election after the effective date of consolidation or annexation under subdivision (c)(3)(B) of this section; or
      2. All the members of the permanent board of directors of the resulting district or receiving district are elected at-large, then the written agreement may stagger the terms of the interim board of directors, which shall be determined by lot so that no more than two (2) members' terms expire during any one (1) year.
    2. If the written agreement prescribes formation of an interim board of directors, the board of directors of the affected district before the consolidation or the affected district and receiving district before annexation may determine independently how to select members of the existing board of directors to serve on the interim board of directors by:
      1. The voluntary resignation of one (1) or more members of the existing board of directors;
      2. Selecting one (1) or more members of the existing board of directors by a majority vote of the school district board of directors; or
      3. Selecting one (1) or more members of the existing board of directors by a random lot drawing.
    3. If the written agreement in an administrative consolidation or an administrative annexation under § 6-13-1603 requires the formation of an interim board of directors, the interim board of directors shall be established by May 31 preceding the effective date of the administrative consolidation or administrative annexation.
    1. An executed copy of the written agreement shall be attached to the petition for consolidation or annexation submitted to the state board.
    2. If the written agreement is approved by the state board, the terms of the written agreement shall be binding upon the affected districts, receiving districts, and resulting districts, including the interim and permanent school district boards of directors.
    3. A written agreement under this section shall not be effective without approval from the state board.
    1. A consolidation or annexation petition approved by the state board along with an executed copy of the written agreement shall be filed with the:
      1. County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district;
      2. Secretary of State; and
      3. Arkansas Geographic Information Systems Office.
    2. An approved consolidation or annexation petition shall include a map of the boundaries of the resulting district or receiving district.
    3. An approved consolidation or annexation petition filed with the Secretary of State and the office shall include a digital map showing the boundaries of the resulting district or receiving district in a format prescribed by the office.

History. Acts 2011, No. 1217, § 4; 2013, No. 1073, § 10; 2015, No. 103, § 6.

Amendments. The 2013 amendment substituted “written agreement” for “state board” in (e)(1)(B).

The 2015 amendment inserted “Systems” in (g)(1)(C); and inserted “Systems” twice in (g)(3).

6-13-1417. Formation of permanent board of directors.

    1. A permanent board of directors shall have either five (5) or seven (7) members unless the school district is allowed to have nine (9) members under § 6-13-634.
    2. The length of the terms of the board of directors may be for the time period prescribed by law and:
      1. Prescribed in the written agreement under § 6-13-1416; or
      2. Determined by the permanent board of directors.
    3. At the first meeting of the permanent board of directors, the members shall determine the terms of the board of directors by lot so that not more than two (2) members' terms expire during any one (1) year.
    4. A vacancy on the board of directors shall be filled as prescribed by law.
    1. If single-member election zones are not necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, or with any other federal or state law, any or all of the members of the permanent board of directors may be elected at large.
    2. A minimum of five (5) members of a permanent board of directors shall be elected from single-member election zones if one (1) or more of the following applies:
      1. Single-member election zones are required to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, or other federal law;
      2. The resulting district or receiving district after consolidation or annexation is required to be zoned under § 6-13-631 or other state law; or
      3. The boards of directors of the affected districts before consolidation or the boards of directors of the affected districts and receiving districts before annexation agree that the permanent board of directors shall be elected from single-member election zones.
    3. If single-member election zones are necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, other federal law, or state law, the resulting district or receiving district shall:
      1. Review the demographic makeup and boundaries of the zones based on the latest federal decennial census data of the resulting district or receiving district after consolidation or annexation and rezone the resulting district or receiving district as necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, other federal law, or state law;
      2. Complete the election rezoning no later than one hundred twenty (120) calendar days before the second school election following the effective date of the consolidation or annexation; and
      3. No later than one hundred twenty (120) calendar days before the second school election following the effective date of the consolidation or annexation, file a digital map in a format prescribed by the Arkansas Geographic Information Systems Office detailing the election zone boundaries of the resulting district or receiving district with the:
        1. Secretary of State;
        2. Arkansas Geographic Information Systems Office; and
        3. County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district.

History. Acts 2011, No. 1217, § 4; 2013, No. 1073, § 11; 2013, No. 1155, § 12; 2015, No. 103, § 7.

Amendments. The 2013 amendment by No. 1073 rewrote (b)(3)(C).

The 2013 amendment by No. 1155 substituted “§ 6-13-634” for “§ 6-13-604” at the end of (a)(1).

The 2015 amendment inserted “Systems” twice in (b)(3)(C).

Subchapter 15 — Creation of School District by Detaching Territory from Existing School District

Effective Dates. Acts 2003, No. 1397, § 2: Apr. 15, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Constitution requires the State of Arkansas to provide a general, suitable, and efficient system of public education; that procedures to ensure a general, suitable, and efficient system of public education need to be in place prior to the beginning the 2003-2004 school year; and that this act is immediately necessary to allow school districts and the electors of those districts sufficient time to organize and plan to for a general, suitable, and efficient system of education in the district prior to the beginning of the 2003-2004 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 947, § 3: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are a number of Arkansas school districts that are losing students; that the laws concerning detachment are not clear in assigning assets and indebtedness between old and new school districts; and that this act is immediately necessary to ensure that a newly created school district is able to secure property and assume debt. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-13-1501. Creation of school district by detaching territory from existing school district.

    1. It is the intent of the General Assembly by this subchapter to provide opportunities for children of this state by allowing local community members the opportunity to establish and maintain public schools in a manner that optimizes educational resources within a community.
    2. The General Assembly finds that the educational needs of the students of this state shall be best served by not allowing creation of a school district under this subchapter with fewer than two thousand five hundred (2,500) students, thus ensuring adequate educational opportunities for students.
  1. A school district created under this subchapter shall have all the rights, privileges, and responsibilities of other public school districts.

History. Acts 2001, No. 1673, § 1; 2015, No. 372, § 1.

Amendments. The 2015 amendment substituted “two thousand five hundred (2,500)” for “four thousand (4,000)” in (a)(2); and deleted (b), and redesignated former (c) as (b).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-13-1502. Minimum area and attendance requirements.

  1. A new school district may not be created in an area with fewer than two thousand five hundred (2,500) students in average daily membership.
  2. An existing school district shall not be reduced by means of detachment to an area with fewer than two thousand five hundred (2,500) students in average daily membership.
  3. A new school district to be created by detachment must only be made up of students from one (1) existing school district.
  4. This subchapter shall apply only to school districts that:
    1. Had an average daily membership of at least five thousand (5,000) students in the school year immediately preceding the detachment; or
    2. Encompass a total area of four hundred fifty square miles (450 sq. mi.) or more, now or in the future.

History. Acts 2001, No. 1673, § 1; 2003, No. 1397, § 1; 2015, No. 372, § 1; 2019, No. 528, § 1.

Amendments. The 2015 amendment substituted “two thousand five hundred (2,500)” for “four thousand (4,000)” in (a) and (b); substituted “five thousand (5,000)” for “fifteen thousand (15,000)” in (d)(1); and substituted “four hundred and fifty square miles (450 sq. mi.)” for “seven hundred square miles (700 sq. mi.)” in (d)(2).

The 2019 amendment deleted “but not more than twenty thousand (20,000) students” following “students” in (d)(1).

6-13-1503. Initiation of detachment.

Creation of a new school district by detachment shall be initiated by:

  1. Resolution of the board of directors of each school district from which territory is to be detached; or
  2. A petition that is presented to the State Board of Education pursuant to the provisions of this subchapter.

History. Acts 2001, No. 1673, § 1.

6-13-1504. Petition — Election.

    1. Not later than the thirtieth day after the date the State Board of Education receives a petition or resolution under this subchapter, the state board shall hold a hearing on the validity of the petition or resolution.
    2. To be valid, a petition or resolution shall:
      1. State the purpose for which the petition or resolution is being submitted;
      2. Contain a plat or map of the proposed new school district;
      3. Contain an independent feasibility study stating:
        1. Cost of operation of the new school district and the ability to operate the new school district taking into consideration the tax base, debt service, and division of assets to the new school district;
        2. A list of the public school assets to be transferred from the existing school district to the new school district;
        3. The size of the new school district; and
        4. The effect of detachment on court-ordered desegregation; and
      4. Be signed by at least ten percent (10%) of the number of voters in the area proposed for detachment who voted in the most recent general election.
    1. If the state board determines that the petition or resolution is valid and the petition or resolution does not conflict with subdivision (b)(2) of this section, the state board may, after complying with subdivision (b)(2) of this section, order an election on the proposition of detachment to be held at the next annual school election or general election.
      1. The state board shall not order any creation of a new school district by detachment under this subchapter or any other act or combination of any acts that hampers, delays, or in any manner negatively affects desegregation efforts of a school district or districts in this state.
      2. Before the entry of any order for election on the question of detachment, the state board shall seek an advisory opinion from the Attorney General concerning the impact of the proposed detachment and creation of a new school district on the effort of the state to assist the affected school district or districts in the desegregation of the public schools of this state.
    2. The order for election on the proposition of detachment shall:
      1. Contain a plat or map of the proposed new school district; and
      2. Comply with all requirements and procedures set forth in § 6-14-101 et seq. that do not conflict with the provisions of this subchapter.
      1. The state board shall certify two (2) copies of the detachment order and convey one (1) copy to the county clerk and one (1) copy to the county election commission at least sixty (60) days before the date the county election commission sets for election on the question of detachment.
        1. No later than forty-five (45) days before the election, the county clerk of each county affected shall identify all persons who reside within the area proposed to be detached, and the county clerk shall determine the names and addresses of all qualified electors residing within that area.
        2. The failure to identify all persons residing within the area proposed to be detached or the failure to determine the names and addresses of all qualified electors residing within that area shall not invalidate or otherwise affect the results of the election.
      2. All of the qualified electors residing within the territory to be detached shall be entitled to vote in the election.
      3. The petitioners shall give notice of the election by publication of at least one (1) insertion in a newspaper having general circulation in each school district from which territory is being detached.
      1. The county clerk shall prepare a list by precinct of all those qualified electors residing within the area to be detached who are qualified to vote in that precinct and furnish that list to the election officials at the time the ballot boxes and voting machines are delivered.
      2. If the county clerk or the county election commission shall fail to perform any duties required, then any interested party may apply for a writ of mandamus to require the performance of the duties.
      3. The failure of the county clerk or the county election commission to perform the duties shall not void the detachment election unless a court finds that the failure to perform the duties substantially prejudiced an interested party.
    1. The ballot shall be printed to permit voting for or against the proposition in a manner similar to the following: “Creation of a new school district by detachment of property and territory that includes the following property and territory from the School District: .”
    2. The ballot description of the property and territory to be detached shall be sufficient to give general notice of the territory affected.

History. Acts 2001, No. 1673, § 1; 2013, No. 1274, § 1.

Amendments. The 2013 amendment substituted “number of voters in the area proposed for detachment who voted in the most recent general election” for “registered voters of the area proposed for detachment” in (a)(2)(D).

6-13-1505. Creation of school district.

  1. If all the requirements of this subchapter are met and a majority of the votes are cast for the proposition, the State Board of Education shall order the creation of the new school district.
    1. At the time the order creating the district is made, the state board shall appoint a board of directors of seven (7) members for the new school district to serve until the next regular election of members, when a board of directors shall be elected in compliance with Arkansas law.
    2. Following the entry of the order creating the new school district, the new school district shall:
      1. Be considered a school district under § 6-13-101 et seq. for all constitutional and statutory purposes, except as limited under this section;
      2. Be considered a body corporate and may sue and be sued in the name of the new school district; and
      3. After the appointment of a board of directors for the new school district but before the transfer of any assets, territory, property, liabilities, duties, or responsibilities, a new school district created by detachment from an existing school district that is a party to any court-ordered desegregation plan shall petition the court having jurisdiction in the desegregation matter and obtain any and all court orders or other relief necessary to ensure that the detachment will not cause the state or any affected school district to be in violation of any orders of the court or any consent orders or decrees entered into by the parties with regard to the desegregation plan.
    3. Following the entry of the order creating the new school district, the new school district may:
      1. Exercise the power of eminent domain; and
      2. Borrow money and issue bonds for allowable purposes under § 6-20-1201 et seq.
      1. A new school district created under this subchapter shall be allocated the assets of the school district from which the territory was taken, as the state board shall deem proper or as agreed by the original school district and the new school district with the approval of the state board.
      2. The transfer or conveyance of the title of the assets from the original school district to the new school district shall be documented through deeds, assignments, or bills of sale as necessary to produce evidence of the transfer of ownership and the resulting rights and liabilities.
      1. The new school district may be allocated transferred assets in exchange for payment or may assume liability for that part of the indebtedness of the original school district allocable to the territory within the new school district as agreed by the original school district and the new school district with the approval of the state board or as determined, assigned, or allocated to the new school district by the state board.
      2. In determining the value of the transferred assets or the amount of the indebtedness for which the new school district will become responsible, the new school district and the original school district shall either:
        1. Agree upon an amount with the approval of the state board; or
        2. Allow the state board to determine the amount if the new school district and the original school district fail to agree.
    1. The allocation or assignment of indebtedness shall be structured in a manner that does not cause the original school district to default under the documents authorizing the indebtedness, and shall not violate any tax covenants contained in the documents authorizing the indebtedness by the original districts.
    2. In determining foregoing allocations, all reasonable and fair methods of allocation shall be considered, including without limitation:
      1. A third-party appraisal of the real property to be transferred to the new school district;
      2. A ratio generated by comparing the number of students currently residing in the boundaries of the new school district to the total number of students in the original school district;
      3. A ratio generated by comparing the assessed value of property within the boundaries of the new school district to the assessed value of property within the original school district;
      4. A ratio generated by comparing the amount of the outstanding debt of the original school district that was incurred to finance property located within the boundaries of the new school district to the total outstanding debt of the original school district; and
      5. Other reasonable and fair methods of allocation.
    1. The ad valorem tax rate of the new school district shall remain the same as that of the original school district until an election is held in the new school district and a rate of tax is approved and shall be allocated in the same proportion between maintenance and operation and debt service as was allocated by the original school district.
    2. The new school district may use and pledge debt service millage to pay all or part of any indebtedness assigned or allocated to the new school district for payment of any other lawful indebtedness of the new school district, for maintenance and operation of the new school district, or for any other lawful purpose, until a different rate is approved by the qualified electors of the new school district.
  2. In order to satisfy the payment obligations of a new school district with respect to the allocation of assets or if the new school district assumes or becomes responsible for any indebtedness of the original school district, one (1) or more of the following methods may be used by the new school district to meet the new school district's obligations:
    1. Borrow funds from the original school district as mutually agreed by both school districts;
    2. Enter into lease-purchase agreements, revolving loans under § 6-20-801 et seq., post-dated warrants, or installment contracts;
    3. Borrow funds from a private, governmental, or commercial lender;
    4. Issue bonds; or
    5. Use any other lawful method.
  3. The state board shall have the following rights and duties regarding creation of a school district by detachment:
    1. To form local school districts, change boundary lines of school districts, create new school districts, and perform all other fun