DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS
Effective May 2, 2022
CHAPTER 1: AUTHORITY AND DEFINITIONS
1.00
PURPOSE
1.01 The purpose of these rules is to
establish the requirements and procedures concerning the consolidation and
annexation of school districts; the administrative consolidation and annexation
of school districts; and the distribution of consolidation/annexation incentive
funding.
2.00
AUTHORITY2.01 The State Board of
Education (State Board) enacts these rules pursuant to the authority granted by
Ark. Code Ann. §§
6-13-1401 et seq. and
6-13-1601 et
seq.
3.00
DEFINITIONS3.01 "Administrative
annexation" means the joining of an affected school district or a part of the
school district with a receiving school district;
3.02 "Administrative consolidation" means the
joining of two (2) or more school districts to create a new single school
district with one (1) administrative unit and one (1) board of directors that
is not required to close school facilities;
3.03 "Affected district" means a school
district that:3.03.1 Loses territory or
students as a result of annexation or administrative annexation; or
3.03.2 Is involved in a consolidation or
administrative consolidation.
3.04 "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, administrative
annexation, consolidation, or administrative consolidation;
3.05 "Annexation" means the joining of an
affected school district or part thereof with a receiving district;
3.06 "Average daily membership (ADM)" has the
same meaning as defined by the Arkansas General Assembly in Ark. Code Ann
§
6-20-2303.
3.07 "Consolidation" means the joining of two
(2) or more affected school districts or parts thereof to create a new single
school district;
3.08 "Debt" means
a legal liability, encumbrance or contract, including employment contracts, to
be paid out of future revenues or current reserves of the school
district.
3.09 "Receiving district"
means a school district or districts that receive territory or students, or
both, from an affected district as a result of annexation or administrative
annexation;
3.10 "Resulting
district" means the new school district created from affected districts as a
result of consolidation or administrative consolidation
Source: Ark. Code Ann. §§
6-13-1401 and
6-13-1601
4.00
CONSOLIDATION
AND ANNEXATION AUTHORITY OF THE STATE BOARD
4.01 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
Source: Ark. Code Ann. §
6-13-1402
CHAPTER 2: CONSOLIDATION AND ANNEXATION OF SCHOOL DISTRICTS
5.00
CONDITIONS UNDER WHICH THE STATE
BOARD OF EDUCATION MAY ANNEX SCHOOL DISTRICTS
5.01 The State Board shall consider the
annexation of an affected school district or districts to a receiving district
or districts under any of the following conditions
5.01.1 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 or failure to meet academic, fiscal, or facilities distress
requirements pursuant to The Quality Education Act of 2003, Ark. Code Ann
§
6-15-201 et seq., the
Arkansas Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
5.01.2 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; 5.01.2.1 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; and
5.01.2.2 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 for in Ark. Code Ann
§
6-14-122;
5.01.3 A majority of the qualified
electors in the affected district or districts vote to approve the annexation
of an affected school district or districts to a receiving district or
districts as provided for in Ark. Code Ann. § 6-14122; and
5.01.3.1 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 Ark. Code Ann.
§
6-14-122;
or
5.01.4 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; and
5.01.4.1 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 Ark. Code Ann.
§
6-14-122.
5.02 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: 5.02.1 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 or failure to meet academic, fiscal, or facilities distress
requirements pursuant to The Quality Education Act of 2003, Ark. Code Ann.
§
6-15-201 et seq., the
Arkansas Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 et seq., the
Arkansas Fiscal Assessment and Accountability Program, Ark. Code Ann. §
6-20-1901 et seq., and the
Arkansas Public School Academic Facilities Program Act, Ark. Code Ann. §
6-21-801 et seq.;
or
5.02.2 Upon receipt of 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 Ark. Code Ann. §
6-13-1403(a)
and Section 5.01 of these rules, and upon receipt of 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 prior to the time the petition is filed
with the State Board.
5.03 In order for the petition for annexation
to be valid, it shall be filed with the State Board at least thirty (30) days
prior to the next regularly scheduled State Board meeting, at which time the
petition will be presented for hearing before the State Board. 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 Ark. Code Ann. §
6-13-1403(b)
and Section 5.02 of these rules.
5.04 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 district or districts
and establishing the receiving district or districts.
5.04.1 The State Board shall issue an order
establishing the boundary lines of the receiving district or
districts.
5.04.2 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.
5.05 The State Board shall:
5.05.1 Issue an order establishing the
changed boundaries; and
5.05.2...