005.28.19 Ark. Code R. § 015 Rules Governing the Academic Facilities Distress Program

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.19 Ark. Code R. § 015

COMMISSION FOR ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES AND TRANSPORTATION RULES GOVERNING THE ACADEMIC FACILITIES DISTRESS PROGRAM

Effective: December 30, 2019

1.00 AUTHORITY

The Commission for Public School Academic Facilities and Transportation's authority for promulgating these Rules is pursuant to Ark. Code Ann. §§ 6-21-114, 6-21-804, 6-21-811, 6-21-812, 25-15-201 et seq., and Act 933 of 2019.

2.00 PURPOSE

The purpose of these Rules is to establish how the Arkansas Division of Public School Academic Facilities and Transportation (Division) and Commission for Arkansas Public School Academic Facilities and Transportation will evaluate, assess, identify, and address those school districts in academic facilities distress.

3.00 DEFINITIONS

For the purposes of these Rules, the following terms mean:

3.01 "Commission" - The Commission for Arkansas Public School Academic Facilities and Transportation.

3.02 "Commissioner" - The Commissioner of Elementary and Secondary Education.

3.03 "Division" - The Arkansas Division of Public School Academic Facilities and Transportation.

3.04 "Facilities Distress Status" - A public school or school district classified by the Commission as being in academic facilities distress pursuant to Ark. Code Ann. § 6-21-811.

3.05 "Facilities Improvement Plan" - An improvement plan developed by a school district for a public school or school district as a result of having been classified as being in academic facilities distress that supplements the district's facilities master plan by 3.05.1 Identifying specific interventions and actions the public school or school district will undertake in order to correct deficient areas of practice with regard to custodial, maintenance, repair, and renovation activities in the school district; and 3.05.2 Describing how the school district will remedy those areas in which the school district is experiencing facilities distress, including the designation of the time period by which the school district will correct all deficiencies that placed the school district in facilities distress status.

3.06 "Material Failure" - An act so significant as to jeopardize any academic facility used by a public school or school district or any other condition of an academic facility or facilities in a public school or school district that is determined by the Division to have a detrimental impact on educational services provided by that public school or school district.

3.07 "Nonmaterial Failure" - An act such that the failure to immediately intervene and correct the act or remedy the cause of the act could develop into a material failure.

3.08 "Reconstitution" - The reorganization of the administrative unit or the governing school board of a school district, including, but not limited to, the replacement or removal of a current superintendent or the removal or replacement of a current school board or both.

3.09 "School District" - A geographic area with an elected board of directors that qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of the Arkansas Code and which board conducts the daily affairs of public schools under the supervisory authority vested in it by the General Assembly and Title 6 of the Arkansas Code.

3.10 "School District Systems" - The operations and procedures that occur within a public school district, including without limitation 3.10.1 Academics; 3.10.2 Facilities and Transportation; 3.10.3 Human Capital; 3.10.4 District Operations and Fiscal Governance; 3.10.5 Student Support Services; and 3.10.6 Stakeholder Communication/Family and Community Engagement.

3.11 "State Board" - The Arkansas State Board of Education.

4.00 PROCESS AND PROCEDURE FOR THE CLASSIFICATION OF DISTRICTS IN ACADEMIC FACILITIES DISTRESS

4.01 The Commission shall classify a public school or school district as being in academic facilities distress if the Division recommends and the Commission concurs that the public school or school district has engaged in actions or inactions that result in 4.01.1 Any act or violation determined by the Division to jeopardize any academic facility used by a public school or school district, including, but not limited to 4.01.1.1 Material failure to properly maintain academic facilities in accordance with state law and Rules adopted by the Commission; 4.01.1.2 Material violation of local, state, or federal fire, health, or safety code provisions or laws; 4.01.1.3 Material violation of applicable building code provisions or laws; 4.01.1.4 Material failure to provide timely and accurate facilities master plans to the Division; 4.01.1.5 Material failure to comply with state law governing purchasing, bid requirements or school construction-related laws or rules in relation to academic facilities projects; 4.01.1.6 Material default on any school district debt obligation; or 4.01.1.7 Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the Division and the approved school district master plan; and 4.01.2 Any other condition of an academic facility or facilities in a public school or school district that is determined by the Division to have a detrimental impact on educational services provided by that public school or school district.

4.02 The Division shall provide written notice, via certified mail, return receipt requested, to the president of the school board and the superintendent of the school district identified or containing a school identified by the Division as being in facilities distress.

5.00 SUBMISSION OF FACILITIES IMPROVEMENT PLAN

5.01 A public school or school district classified by the Commission as being in facilities distress shall develop a facilities improvement plan within thirty (30) days from the date of classification and promptly submit the plan to the Division for review and approval. 5.01.1 A public school or school district shall review and revise its facilities improvement plan on a periodic basis as determined by the Division and submit the updated facilities improvement plan to...